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Photographic 

Sciences 

Corporation 


23  WBT  MAIN  STMIT 

WIBSrn.N.Y.  T45M 

(716)t72-4S03 


CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
mi 


Canadian  Inatituta  for  Historical  IMicroraproductiont  /  Institut  Canadian  da  microraproductions  historiquaa 


;V 


Technical  and  Bibliographic  Notaa/Notaa  techniquaa  at  bibliograph^uaa 

The 
toti 

The  Institute  hat  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibliographically  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checlced  below. 

L'Institut  a  microfilmA  le  meilleur  exemplaira 
qu'il  lui  a  Ati  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-Atre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dans  la  mAthode  normale  de  filmage 
sont  indiqute  ci-dessous. 

The 
poai 
oft 
film 

Coloured  covers/ 
Couverture  de  couleur 

-^ 

Coloured  pages/ 
Pages  de  couleur 

Ori| 

the 
sioii 
othi 

Covers  damaged/ 
1 — 1   Couverture  endommagie 

Pages  damaged/ 
Pages  endommagAes 

Covers  restored  and/or  laminated/ 
Couverture  restaurte  et/ou  pelliculAe 

Pages  restored  and/or  laminated/ 
Pages  restauries  et/ou  pelliculAes 

Tirsi 
slor 

or  11 

Cover  title  missing/ 

Le  titre  de  couverture  manque 

• 

Pages  discoloured,  stained  or  foxed/ 
Pages  d6colorA«s,  tachet^es  ou  piquies 

Coloured  maps/ 

Cartes  giographiques  en  couleur 

Pages  detached/ 
Pages  d^tachtes 

The 
aha 

TIM 

Coloured  ink  (I.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 

• 

Showthrough/ 
Transparence 

whi 

Mai 
dlff( 
enti 

Coloured  plates  and/or  illustrations/ 
Planches  et/ou  illustrations  en  couleur 

— 

Quality  of  print  varies/ 
Qualit^  InAgale  de  I'impression 

D 
D 


D 


D 


Bound  with  other  material/ 
Reli6  avec  d'autres  documents 

Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

La  re  liure  serr6e  peut  causer  de  I'ombre  ou  de  la 
distortion  le  long  de  la  marge  intirieure 

Blank  leaves  added  during  reatoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  bianchea  ajouttea 
lore  d'une  restau  ration  apparaissent  dans  le  texte. 
mais,  lorsque  cela  Atait  possible,  ces  pages  n'ont 
pas  6ti  filmtes. 

Additional  comments:/ 
Commentaires  supplimentaires: 


I     I   Includes  supplementary  material/ 


Comprend  du  materiel  supplAmentaire 

Only  edition  available/ 
Seule  Edition  disponible 


D 


Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  une  pelure, 
etc..  ont  At*  filmAes  A  nouveau  de  fa^on  A 
obtenir  la  meilleure  image  possible. 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  filmA  au  taux  de  reduction  indiqui  ci-dessous. 

10X  14X  laX  22X 


26X 


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12X 


16X 


2DX 


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32X 


righ 


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Th*  copy  filnuKi  hm  hM  bMn  raproducMi  thanks 
to  th«  owMTMity  of: 

Univtriity  of  BritMi  Columbia  Library 


L'oxomptairo  filmA  fut  roproduit  grflco  i  la 
gAnArosM  da: 

Univartity  of  British  Columbia  Library 


Tha  imaoaa  appaaring  hara  ara  tha  bast  quality 
possibia  eonaidaring  tha  condition  and  laglbility 
of  tha  original  copy  and  in  iiaaping  with  tha 
fiiming  contract  specifications. 


Las  imagas  suhrantas  ont  AtA  raproduitas  avac  la 
plus  grand  soin,  compta  tanu  da  la  condition  at 
da  la  nattatA  da  I'axampiaira  fllm«.  at  an 
conformity  avac  las  conditions  du  contrat  da 
fiimaga. 


Original  capias  in  printed  papar  covers  ara  fllmad 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  Illustrated  impres- 
sion, or  tlw  bacic  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  tlie  last  page  with  a  printed 
or  illustrated  Impression. 


Las  exemplalras  origineux  dont  la  couverture  en 
pepler  est  ImprimAe  sent  flimAs  en  commen^ant 
par  la  premier  plet  et  en  terminant  salt  par  la 
darniire  page  qui  comporte  une  empreinte 
d'Impresslon  ou  d'illustretlon.  soit  par  la  sscond 
plat,  salon  le  cas.  Tous  las  autres  exemplalras 
origineux  sent  fiimAs  en  eommen^ant  par  la 
premiAre  page  qui  comporte  une  empreinte 
d'Impresslon  ou  d'lllustration  at  en  terminant  par 
la  darnlAre  page  qui  comporte  une  telle 
empreinte. 


The  lest  recorded  freme  on  eech  microfiche 
shall  contain  tlia  symbol  -^  (meening  "CON- 
TINUED"), or  the  symbol  ▼  (meaning  "END"), 
whichever  applies. 


Un  des  symboles  suivants  apparaltra  sur  la 
derniAre  image  de  cheque  microfiche,  seion  le 
ces:  le  symbols  — ►  signifie  "A  SUiVRE",  le 
symbols  y  signifie  "FIN". 


Maps,  plates,  cltarts.  etc.,  mey  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  es 
required.  The  following  diagrams  illustrate  the 
method: 


Les  cartes,  planches,  tableaux,  etc.,  peuvent  Atre 
flimis  A  des  taux  de  rAduction  diff Arents. 
Lorsqus  is  document  est  trop  grand  pour  Atre 
reproduit  en  un  seul  clichA,  il  est  filmA  A  partir 
de  Tangle  supArieur  geuche,  de  gauche  A  droite, 
et  de  liaut  en  bas,  en  prenant  le  nombro 
d'Images  nAcesssire.  Les  diagrammas  suivants 
illustrant  la  mAthode. 


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WASHINGTON'S  ADMINISTRATION, 
^^ln«m  JUcircA  17«9,  f»  March  1797. 


ADAMS'  ADMINISTRATION, 
FrmMKrek  1197,  to  March  1101. 


I 


jIEFFERSON'S  ADMINISTRATION, 

Ftm  March  INl,  to  Muxh  1809. 

MADISON'S  ADMINISTRATION, 
Frtm  March  1> 


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CONGRESS. 


« 


.  .v-<^ 


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MESSAGE. 


7b  Me  Senate  qf  the  United  States. 


''V. 


>l 


I  TRANSMIT  to  the  Senate,  copies  and  extracts 
of  documents  in  the  archieves  of  the  Department  of 
State,  falling  >vithin  the  purview  of  their  resolution  of 
the  4di  inst.  on  the  subject  of  British  impressments 
fix>m  Amerioan  vessels.  The  information,  though 
vduminous,  might  have  been  enlaiged,  with  more 
time  for  search  and  preparaUon.  In  some  instances, 
itmi^t,  at  the  same  dme,  have  been  abridged,  but 
for  the  difficulty  of  separating  the  matter,  extraneous 
to  the  immediate  object  of  the  resoluticm. 

JAMES  MADISON. 
July  6th,  1812. 


'.    •*>-.. 


:'^4k 


JA<ia  " 


I^^I^MUfcw— l>»»i<Wt^  III     I         il»<<H"0^rn        III*!!  I  lilllM.IHi»»'»'Wif»»<i«—«'»<«Ni| 


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^^..ttmm^ 


DOCUMENTS. 

'  '*   '  No.  1. 

Extract  q/'a  letter  from  Thomas  Jefferson^  Esq*  Se- 
cretary of  State,  to  Thomas  Pinckney^  Minister  Ple- 
nipotentiary of  the  United  States,  at  London,  dated 

"  Department  of  SUte,  June  11,  1792. 

"  The  peogiiar  custom  in  England  of  impressing 
seamen  on  every  appearance  of  war,  will  occasionally 
expose  our  seamen  to  peculiar  oppressions  and  vexa- 
tions. It  will  be  expedient  that  you  take  proper  op- 
portunities, in  the  mean  time,  of  conferring  with  the 
Minister  on  this  subject,  in  order  to  form  some  ar- 
rangement for  the  protection  of  our  seamen  on  those 
occasions.  We  entirely  reject  the  mode  which  was 
the  subject  of  a  conversation  between  Mi*.  Morris  and 
him,  which  was,  that  our  seamen  should  always  carry' 
about  them  certificates  of  their  citizenship.  This  is 
a  condition  never  yet  submitted  to  by  any  nation ;  one 
with  which  seamen  would  never  have  the  precauticm 
to  comply— the  casualties  of  theu"  calling  would  ex- 
pose them  to  the  constant  destruction  or  loss  of  this 
paper  evidence,  and  thus  the  British  Government 
would  be  armed  with  legal  authority  to  impress  the 
whole  of  our  seamen.  The  simplest  rule  will  be,  that 
the  vessel  being  American,  shall  be  evidence  that  the 
seamen  on  board  her  are  such.    If  they  apprehend  that 


i^-. 


^-'^K-' 
'■^T 


5 

our  vessels  might  thus  become  asylums  for  the  fugi- 
lives  of  their  own  nation  from  impress  gangs,  tlie  num- 
ber of  men  to  be  protected  by  a  vessel  may  be  limited 
by  her  tonnage,  and  one  or  two  officers  only  be  per- 
mitted to  enter  the  vessel  in  order  toexamine  the  num. 
ber  on  board ;  but  ko  press  gang  should  be  allowed 
ever  to  go  on  board  an  American  vessel,  till  after  it 
shall  be  found  that  there  are  more  than  their  stipulated 
number  on  board,  nor  till  after  the  master  shall  have 
refused  to  deliver  the  supernumeraries  (to  be  named 
by  himself)  to  the  press  officer  who  has  come  on  board 
for  that  purpose ;  and  even  then  the  American  Consul 
shall  be  called  in.    In  order  to  urge  a  settlement  of 
this  point  before  a  new  occasion  may  arise,  it  may  not 
be  amiss  to  draw  their  attention  to  the  peculiiir  irrita- 
tion excited  on  the  last  occasion,  and  the  difficulty  of 
avoidmg  our  making  immediate  reprisals  on  their  sea- 
men here.    You  will  be  so  good  as  to  communicate 
to  nie  what  shall  pass  on  this  subject,  and  it  may  be 
made  an  article  of  convention  to  be  entered  into  ei- 
ther there  or  here." 

Extract  of  a  letter  from  Thomas  Jefferson^  Esq. 

when  Secretary  of  State,   to  Thomas  Pincknet/j 

Minister  Plenipotentiary  of  the  United  States  at 

Ijondon,  dated 

"  October  13,  1792. 

'*  I  enclose  you  a  copy  of  a  letter  from  Messrs.  Blow 
and  Melhaddo,  merchants  of  Virginia,  complaining 


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of  the  taking  away  of  their  sailors,  on  the  coast  of 
Africa,  by  the  commander  of  a  British  armed  vessel. 

• 

So  many  instances  of  this  kind  have  happened,  that  it 
is  quite  necessary  that  their  Government  should  ex- 
plain  themselves  on  ihe  subject,  and  be  led  to  disa- 
vow and  punish  such  conduct.  I  leave  to  your  dis- 
cretion to  endeavour  to  obtain  this  satisfaction  by 
such  friendly  discussions  as  may  be  most  likely  to 
produce  the  desired  effect,  and  secure  to  our  com- 
merce that  protection  against  British  violence,  which 
it  has  never  experienced  from  any  other  nation.  No  ^ 
law  forbids  the  seaman  of  any  country  to  engage,  in 
time  of  peace,  on  board  a  foreign  vessel :  no  law  au- 
thorises such  seaman  to  break  his  contract,  nor  the 
armed  vessels  of  his  nation  to  interpose  force  for  his 


rescue. 


»* 


r 

i^ 


Extract  of  a  letter  from  Thomas  Jefferson^  Esq. 

Secretary  of  State  under  the  Presidency  qf  Oene- 

ral  JVashtngton^  to  Thomas  Pinckneyy  Esq.  Arne* 

rican  Minister  in  London,  dated 

"  PhOadelphia.  NofT.  6,1793. 

*'  I  wrote  you  last  on  the  12th  of  October,  since 
wluch  I  have  received  yours  of  August  29,  with  the 
papers  and  pamphlets  accompanying  it.  I  enclose 
you  now  die  copy  of  ^  letter  from.  Mr.  Pintard,  our 
Consul  at  Madeira,  exhibitiiig«another  attempt  at  the. 


■*•    ^.* . 


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coast  of 

d  vessel. 

d,  that  it 

ould  ex- 

to  disa- 

your  dis- 

tion  by 

likely  to 

our  com- 

:e,  which 

ion.    No  ^ 

ngage,  in 

o  law  au- 

:,  nor  the 

-ce  for  his 


•softt  Esq. 
'  qf  Qene- 
'tsg*  Am€» 

No?.  6, 1793. 

ber,  since 
^  with  the 
I  enclose 
ntard,  our 
mptatthe. 


.vi 


practice  on  which  I  wrote  you  in  my  last,  made  bV 
Captain  Hargood,  of  the  British  frigate  Hyaena,  to 
take  seamen  from  on  board  an  American  vessel,  bound 
to  the  East  Indies.  It  is  unnecessary  to  develope  to 
you  the  inconveniences  of  this  conduct,  and  the  im- 
possibility of  letting  it  go  on.  I  hope  you  will  be 
able  to  make  the  British  Ministry  sensible  of  the  ne. 
cessity  of  puiushing  the  past  and  preventing  the  fu- 
ture." 

Extract  from  the  Instructions  given  by   Timothy 

Pickering y  Esq.  Secretary  of  State^  to  Rufus  Kingy 

Esq.  dated 

"  Department  of  State,  June  8, 1796. 

"  Among  the  articles  left  unadjusted,  one  of  the 
most  interesting  nature  regards  the  impressing  of 
American  seamen.  Mr.  Pinckney  was  instructed  on 
this  head,  in  Juoe,  1792.  You  will  there  see  that  the 
mode  prescribed  by  the  late  act  of  Congress,  of  certu 
f  eating  our  seamen,  was  pointedly  reprobated.  The 
long  but  fruitless  attempts  which  have  been  made  to 
protect  them  from  British  impresses,  prove  that  the 
subject  is  in  its  nature  difficult. 

"  The  simplest  rule,  as  remarked  to  Mr.  Pinckney, 
would  be,sthat  the  vessel  being  American  should  be 
evidence  that  the  seamen  on  board  her  are  such.  But 
it  will  bo  an  important  point  gained,  if,  on  the  high 


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.v<'«jr,  our  flag  can  protect  those  of  whutevcr  nation 
Mho  shnll  sail  under  it.    And  for  this,  humanity  as 
^vcU  as  interest  powerfully  plead.    Merchant  vessels 
carry  no  more  hands  than  their  safety  renders  necessa- 
ry.   To  withdraw  any  of  them  on  the  ocean,  is  to 
expose  both  lives  and  property  to  destruction.    Wc 
have  a  right  then  to  expect  that  the  British  Govern- 
ment will  make  no  difficulty  in  acceding  to  this  very 
interesting  provision.    And  the  same  motives  should 
operate  with  nearly  equal  force,  to  procure  for  us  the 
like  exemption  in  all  the  British  colonies,  but  espe- 
cially in  the  West  Indies.    In  the  latter,  the  conse- 
quence of  an  impress  is  the  detention  of  tlie  vessel : 
by  the  detention,  the  vessel  is  injured  or  destroyed  by 
the  worms,  and  the  remnant  of  the  crew  exposed  to 
the  fatal  diseases  of  the  climate.    Hence  a  longer  de- 
tention ensues ;  the  voyage  becomes  unprofitable,  if 
not  ruinous,  to  the  merchant,  and  humanity  deplores 
the  loss  of  many  valuable  lives.    But  there  is  another 
cogent  reason  for  the  absolute  exemption  from  im- 
presses in  tlie  British  colonies.    That  the  practice 
will  be,  as  it  always  has  been,  attended  with  mon. 
strous  abuses ;  and  the  supreme  power  is  so  remote, 
the  evils  become  irremediable  before  redress  can  even 
be  sought  for.    To  guard  against  abuses  on  the  part 
of  American  citizens,  every  master  of  a  vessel,  tm  his 
arrival  in  any  port  of  the  Britisli  colonies,  may  be  re- , 


^ 


4 


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..!» 


-t.*-. 


vcr  nutiuii 
umanity  as 
ant  vessels 
rs  nccessa- 
icean,  is  to 
:tion.    Wc 
ih  Govern- 
to  this  very 
ives  should 
re  for  us  the 
I,  but  espe- 
thc  conse- 
tlie  vessel: 
lestroyed  by 
f  exposed  to 
a  longer  de< 
profitable,  if 
nity  deplores 
;re  is  another 
on  from  im- 
the  practice 
\  with  mon. 
is  so  remote, 
re3S  can  even 
s  on  the  part 
vessel,  «n  his 
i,  maybere- 


.   * 


quired  to  report  his  crew  at  the  proper  office.  If  «f. 
tcrwards  any  addition  be  made  to  them  by  Briiith 
iubjectSy  these  may  be  taken  away.  In  tlie  ports  of 
Great  Britain  and  Ireland,  the  impress  of  British 
subjects  found  on  board  our  vessels  must  doubtless 
be  admitted.  But  this  should  be  controlled  by  rcgu- 
hitions  to  prevent  insults  and  injuries,  and.to  adminiS' 
ter  prompt  relief  where  American  citizens  (which 
will  assuredly  happen)  shall  be  mistaken  fur  British 
subjects. 

"  There  are  three  clashes  of  men,  conpeming  whom 
there  can  be  no  difficulty.  1.  Native  American  citi- 
sens.  2.  American  citizens,  wherever  bom,  who 
were  such  at  the  definitive  treaty  of  peace.  3.  Fo- 
reigners,  other  than  British  sutgects,  sailing  in  A. 
merican  vessels,  and  whose  persons  ought  to  -be  as 
sacred,  as  it  respects  th^  British,  as  those  of  native 
citizens.  The  4th  class  consists  of  British  bom  sub- 
jects, but  who,  or  many  of  whom,  may  have  become 
citizens  subsequent  to  the  treaty  of  peace,  or  who 
hereafter  may  be  admitted  to  the  rights  of  citizens. 
It  is  this  class  alone  about  which  any  pretence  of  right 
to  impress  can  be  made.  With  regard  to  these,  it 
may  be  attempted  to  protect  them  as  well  in  time  of 
jrar  as  of  peace,  in  the  following  cases  :  First,  when 
"^iHcy  shall  have  served  in  American  vessels,  public 

#r  private,  for  the  same^  term  in  which  foreigners 

■■•'§'■ 


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serving  in  British  vessels  would  acquire  die  rights  of 
BritisH  subjects,  which  is  undenitcod  to  be  three 
years;  or,  2dly,  if  so  much  carjiot  be  obtained, 
when  those  persons  originally  British  subjects,  shall 
have  resided  five  years  in  the  United  States,  and  been 
formally  admitted  to  the  rights  of  citizens  according 
to  our  laws. 

"  It  must  often  happen  that  sailors  will  lose  their 
certificates:  provision  should  therefore  be  made  for 
the  admission  of  other  reasonable  proof  of  their  citi- 
zenship, such  as  their  own  oaths,  with  those  of  the 
masters,  mates,  or  other  creditable  witnesses.  The 
rolls  of  the  crews,  or  shipping  papers,  may  also  be 
authenticated  by  the  collectors  of  the  customs ;  and 
then  they  ought  to  be  admitted  as  of  equal  validity 
with  the  individual  certificates.'' 


V>{T' 


Mr,  Pickering  to  Mr.  King^  dated       , : 

^  "  Department  of  State,  Sept  10, 1796.. 

"  I  enclose  a  letter  from  Francis  S.  Tjiylor,  Depu- 
ty-Collector of  Norfolk,  relative  to  four  impressed 
seamen.  It  appears  to  be  ^vritten  with  candour,  and 
merits  attention.  If,  as  the  Captain  of  the  Prevoy- 
ante  (Wemyss)  says,  the  dignity  of  die  British  Go- 
vernment will  not  permit  ar  enquiry  on  board  their 
bhips  for  American  seamen,  their  doom  is  fixed  for 
the  war:  and  thus  the  rights  of  an  independent  neu- 


fghtsof 
three 

^tained, 
shall 

id  been 
Icording 


-"■iXtt 


II 


Iral  nation  are  to  be  sacrificed  to  British  dignity  t 
Justice  requires  that  such  inquiries  and  examinations 
should  be  made,  because  the  liberation  of  our  seamen 
will  otherwise  be  impossible.  For  the  British  Go- 
\'emment,  then,  to  make  professions  of  respect  to  the 
rights  of  our  citizens,  and  willingness  to  release  them, 
and  yet  deny  the  only  means  of  ascertaining  those 
rights,  is  an  insulting  tantalism.  If  such  orders  have 
been  given  the  British  commanders,  Gmd  Mr.  Lis- 
ton's  communication  in  the  conversation,  of  which  I 
sent  you  a  copy  in  my  letter  of  the  31st  ult.  countenan- 
ces the  idea,)  the  agency  of  Col.  Talbot  anJ  Mr. 
Trumbull  will  be  fruitless,  and  the  sooner  we  know 
it  the  better.  But  I  would  fain  hope  other  things ;  and 
if  the  British  Government  have  any  regard  to  our 
rights,  any  respect  for  our  nation,  aiid place  any  value 
on  our  friendship,  they  will  even  facilitate  to  us  the 
means  of  relieving  our  oppressed  citizens.  The 
subject  of  our  impressed  seamen  makes  a  part  of  your 
instructions ;  but  the  President  now  renewshtsdesire, 
that  their  relief  may  engage  your  special  attention. 

"lam&c. 
(Signed)  "  TIMOTHY  PICKERING. " 

•      ''  Rufus  King,  Esq.  Csfc.  &fc. 


..*r"'' 


■    'i      .  ii.'s 


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•  ».  '   .  ,' 


Extract  qf  a  Letter  from  Mr,  Pickering  to  Mr. 

'  '  Kingy  dated 

"  Department  of  State,  Oct.  26, 179d« 

**  I  think  it  is  mentioned  in  your  instructions,  that 
the  British  na)fal  officers  often  impress  Swedes,  Danes, 
and  other  foreigners  from  the  vessels  of  the  United 
States.  They  have  even  sometimes  impressed  French, 
men.  If  there  should  be  a  time  to  make  out  a  copy 
of  a  protest  lately  received,  it  shall  be  inclosed,  des- 
cribing the  impress  of  a  Dane  and  a  Portuguese.  Thiff 
surely  is  an  abuse  easy  to  correct.  They  cannot  pre- 
tend  an  inability  to  distinguish  these  foreigners  from 
their  own  subjects ;  and  they  may  with  as  much  rea- 
son rob  American  vessels  of  the  property  or  merchan- 
dise of  the  Swedes,  Danes,  and  Portuguese,  as  seize 
and  detain  in  their  service  the  subjects  of  those  na- 
tions found  on  board  American  vessels.  The  Presi- 
dent is  extremely  anxious  to  have  this  business  of 
impresses  placed  on  a  reasonable  footing.'* 

Extract  of  a  Letter  from  Mr.  Pickerings  Secretary 

qf  State^  to  Silas  Talhot,  Esquire. 

"  Department  of  State.  August  15th,  1797. 
"  I  was  pleased  with  your  success  in  obtaining  re- 
lief for  so  many  American  seamen,  as  mentioned  in 
your  several  letters  :  but  your  last,  containing  the  or- 
ders of  ^miral  Parker  to  his  captains  no  longer  to 


f. 


',-.'^' 


*  13 

obey  tlie  writs  of  habeas  corpus,  gave  me  much 
uneasiness.  Yesterday  I  gave  those  letters  to  the 
British  Minister,  Mr.  Liston ;  and  wish  he  may  do 
something  toafFordyou  a  prospect  of  further  success; 
but  I  fear,  notwithstanding  he  is  perfectly  well-dispos- 
ed to  administer  relief,  that  his  remortstrances  or  re- 
quests will  have  too  little  effect.  I  shall  transmit  co- 
pies of  these  letters  to  Mr.  King,  our  Minister  in  Lon., 
don,  to  lay  before  the  British  Ministry.  If  .iny  naval 
officer  shall  have  committed  such  an  outrage  on  any 
American  seamen  as  to  bring  them  to  the  gangwat/,  as 
you  mention,  or  to  inflict  any  kind  of  punishment  on 
them,  especially  for  seeking  opportunities  to  inform 
you  of  their  situation  for  the  purpose  of  obtaining  the 
just  relief  to  which  they  are  entitled,  pray  endeavour 
to  get  proofs  of  the  ftict,  that  I  may  make  it  the  subject 
of  a  special  representation  to  the  British  Government. 


%^  •• 


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u 


Vjfc      ;     ; 

\ 

I 

V 


*., 


Extract  of  a  Letter  to  Bufus  King,  Esquire,  from 
the  Secretary  qf  State,  dated 

"  Trenton,  Oct.  3, 1797. 

"  Lord  Grcnville's  observations  on  the  act  of  Con- 
gress for  the  relief  and  protection  of  American  sea- 
men,  present  difficulties  which  dem:  id  consideration 
nt  the  ensuing  session.  But  your  reasoning,  in  yoiir 
letter  to  his  Lordship  of  the  30th  of  last  November, 
.is  conclusive  ajainst  the  British  pretences  to  retain 


I 


-f 


i£'A  American  seamen,  who  are  married  in  their  do* 
minions,  or  wlio  have  voluntarily  entered  on  board 
British  vessels.  It  behoves  the  honour  and  faith  of 
the  British  Government  to  adhere  to  their  principle 
on  natural  allegiance  wholly,  or  to  renounce  it  whol- 
ly :  and  an  answer  on  this  pomt  would  have  become 
Ixis  Lordship's  candour. 

"  I  consider  Col.  Talbot's  agency  in  the  West  In- 
dies to  be  no  longer  very  important.  The  rigid  con- 
duct of  Admiral  Sir  Hyde  Parker  (  who  from  the  be- 
ginning has  thrown  obstacles  in  the  way)  leaves  but 
little  room  to  get  our  seamen  released.  The  opposi- 
tion of  the  officers  in  general,  induced  Colonel  Talbot 
to  take  out  writs  of  habeas  corpus  at  Jamaica,  by 
which,  directly,  or  in  their  consequences,  he  obtained 
the  discharge  of  near  fifty  seamen :  but  Admiral  Par- 
ker has  some  time  past  forbidden  his  officers  to  pay 
any  obedience  to  such  writs;  and  Col.  Talbot  in- 
forms me  that  some  of  our  seamen  have  been  punish- 
ed for  attempdng  to  send  letters  to  him  to  inform  of 
their  situation.  Mr.  Liston  has  assured  me  that  tlic 
British  Officers  have  orders  not  to  impress  any  Ame- 
rican seamen,  and  of  course  not  to  retain  against  their 
will  any  already  inH>resscd :  but  if  they  persist  in  ob- 
structing every  channel  of  information  and  proof  of 
their  citizenship,  such  orders  are  and  will  continue 
deceptive."  t         , 


15 


<  ^ 


The  Secretary  (jf  State  to  the  President  of  the  Uni- 
ted States* 

Department  of  State,  Feb.  20. 1800. 

The  Secretary  has  the  honour  to  lay  before  the  Pre- 
sident— 

1.  Mr.  Liston's  note  of  February  2d,  1800,  with 
papers  referred  to,  relative  to  the  rescue  of  tliree  A- 
merican  vessels  from  the  hands  of  the  British  captors, 
and  for  the  restoration  of  which  he  is  instructed  by  hi:^ 
Government  to  apply. 

2.  Mr.  Liston's  note  of  the  4th  February,  together 
with  his  project  of  a  treaty  for  the  reciprocal  delivery 
of  deserters ;  which  appears  to  the  Secretary  utteriy 
inadmissible,  unless  it  would  put  an  end  to  impress- 
ments— which  Mr.  Liston  seemed  to  imagine — while 
the  7th  paragraph  of  his  project  expressly  recognizes 
the  right  of  impressing  British  subjects — and  conse- 

*quently  American  citizens,  as  at  present. 

(Signed)         TIMOTHY  PICKERING. 
.R.  Liston  presents  his  respects  to  Colonel  Pickering, 
Secretary  of  State. 

I  have,  from  time  to  time,  taken  the  liberty  of  mak- 
ing verbal  complaints  to  you,  sir,  respecting  the  prac- 
tice, lately  become  frequent  among  the  masters  and 
supercargoes  of  American  merchantmen,  of  rescuing, 
by  force  or  by  fraud,  such  vessels  as  have  been  de- 


i-^4-v-  S 


\ 


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i 


\ 


% 


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i* 


if 


c      * 


16 

ta'uied  by  the  commanders  of  his  Majesty's  ships  of  war, 
with  M  view  to  future  trial  in  a  Court  of  Admiralty. 

I,  in  particular,  mentioned  the  cases  stated  at  large 
id  the  inclosed  papers.  ' 

The  first  is  that  of  the  brigantine  I'^xperience,  de- 
tained on  the  25th  May  by  Captain  Poyntz,  of  His 
Majesty 's  ship  Solebay .  She  came  from  Campeachy ; 
was  said  to  be  bound  for  Charleston,  (S.  C.)  and  was 
loaded  with  logwood.  The  cargo  was  suspected  to  be 
enemies'  property ;  and  she  was  afterwards  found  to 
have  a  complete  set  of  Spanish  papers. 

The  American  master,  Hewit,  and  Howe  the  su- 
percargo, with  the  consent  of  the  British  seamen  who 
were  put  on  board  to  navigate  her,  overpowered  the 
prize.master,  (Mr.  Bryce,)  kept  him  prisoner  several 
days,  and  at  last,  by  threats  and  violence,  forced  him 
to  leave  the  vessel  and  to  go  on  board  of  a  schooner 
bound  for  New  Providence. 

The  second  is  the  case  of  the- ship  Lucy,  com- 
manded by  a  Mr.  James  Conelly  (a  native  of  Ireland, 
calling  himself  a  citizen  of  the  United  States)  which 
was  stopt  on  the  3d  of  June  by  Captain  Ferrier,  of 
His  Majesty's  ship  York.  This  vessel  had  smuggled 
one  hundred  and  eighty-seven  new  negroes  from  Ja- 
maica. The  captain  found  means  to  forge  a  clearance 
from  the  Custom-house  of  Kingston,  and  afterwards 
loaded  goods  at  the  Havanna,  partly  the  property  of 


} 


enemies,  and  partly  belonging  to  a  Mr.  Courtauld,  u 
British  subject,  who  recently  held  a  place  in  the  Cus- 
toms under  His  Majesty's  Government. 

A  lieutenant,  a  quarter-master,  and  ten  men,  were 
put  on  board  the  Lucy  to  conduct  her  to  Jamaica ;  and 
with  a  view  to  accommodate  the  master  and  the  other 
persons  who  were  found  in  the  vessel,  Mr.  Conelly, 
Mr.  Courtauld,  (his  nephew,)  two  other  passengers, 
with  servants  and  seamen,  amounting  to  twelve  in  all, 
were  permitted  by  Captain  Ferrier  to  remain  on  board 
on  their  parole.  They,  however,  secretly  armed  them> 
selves,  and  in  the  n?ght  surprised  the  watch,  confined 
the  prise.master  and  the  British  seamen,  and  carried 
the  ship  to  Charleston. 

The  third  case  isthatof  the  Fair  Columbian,  Edward 
Casey,  master,  detained  by  His  Majesty's  sliip  Hind, 
in  company  with  the  sloop  of  war  the  Swan.  She  had^ 
come  from  the  Havanna ;  had  no  sea-brief  or  register 
on  board ;  was  commanded  by  a  person  who  had  de- 
serted about  nine  months  before  fromHisMajesty 's  ship 
Polyphemus  ;  and  according  to  the  concurrent  testi- 
mony of  eight  or  nine  masters  of  American  vessels 
which  had  sailed  in  company  with  her  from  the  Ha- 
vanna, was  loaded  with  Spanish  property. 

These  circumstances  affording  a  sufficient  cause  of 
suspicion,  she  was  ordered  for  Bermuda ;  but  the 
master  by  the  use  of  bribery  and  into^ical^on,  suc- 


/■ 


/ 


»■ 


\l        J'. 


18 


'% 


ceeded  in  inducing  the  prize-master  and  crew  to  pciv 
mit  her  to  be  carried  into  the  port  of  Baltimore. 

It  is  unnecessary  to  employ  arguments  to  prove  that 
these  irregularities  are  an  infringement  of  the  law  of 
nations.  The  tenor  of  the  instructions  given  by  the 
President  to  the  vessels  of  war  of  the  United  States, 
involves  an  acknowledgment  of  the  right  of  the  King's 
ships  to  search  and  detain  such  American  vessels  as 
are  suspected  of  being  loaded  with  enemies'  property, 
or  with  contraband  of  war  destined  for  an  enemy's 
port.  It  remains  that  I  should  add,that  I  have  now  recei- 
ved express  orders  from  His  Majesty  to  claim  aS  an  act 
of  justice  (which  is  expected  from  the  candor  of  the 
Federal  Government,  and  the  good  understanding 
which  subsists  between  the  two  countries)  that  the 
vessels,  of  which  the  masters  and  supercargoes  have 
thus  illegally  re-possessed  themselves,  be  delivered  up 
to  me,  together  with  the  British  seamen  and  the  deser- 
ters who  have  assisted  in  lescuing  them  out  of  the 
hands  of  the  prize-masters,  that  they  may  be  sent  to 
some  one  of  His  majesty's  colonies,  to  be  there  dealt 
with  according  to  law. 

Philadelphia,  Feb,  2,  1800. 


R.  LisTON  presents  his  respects  to  Colonel  Pick- 
ering, Secretary  of  State. 
I  have  the  honour,  sir,  of  enclosing  a  duplicate  of 


19 


^ 


% 


my  letter  of  the  18th  December,  to  Vice- Admiral 
Sir  Hyde  Piirker,  soliciting  the  discharge  of  certain 
American  seamen  said  to  be  detained  on  board  of  his 
squadron  on  the  Jamaica  station;  and  I  flatter  myself 
it  will  have  the  desired  effect,  although  it  be  not  ac- 
companied by  copies  of  the  documents  attesting  their 
citizenship.  I  cannot,  however,  omit  this  opportuni- 
ty of  calling  to  your  remembrance  what  I  have  fre- 
quently stated  in  conversation,  that  while  the  papers 
railed  protections  are  granted  with  a  fraudulent  inten- 
tion, or  without  a  proper  examination  of  facts,  by  infe- 
rior  magistrates  or  notaries  public  in  the  United  States, 
and  while  they  can  easily  be  procured  by  such  natural 
born  subjects  of  His  Majesty  as  choose  to  abandon 
his  service  in  the  hour  of  danger,  it  is  not  to  be  e^tpect- 
ed  that  any  regard  will  be  paid  to  them  by  the  com- 
manders of  British  ships  of  war.  And  I  beg  leave, 
once  more  to  urge  you  to  take  into  consideration,  as 
the  only  means  of  drying  up  every  source  of  complaint 
and  irritation  upon  this  head — the  proposal  I  had  the 
honour  of  making  two  years  ago  (in  the  name  of  His 
Majesty's  Government)  for  the  reciprocal  restitution 
of  deserters. 

Philadelphia,  Feb.  4,  1800. 

1.  Whereas,  by  the  28th  article  of  the  treaty  of 
amity,  commerce,  and  navigation,  concluded  at  Lon- 
don, on  the  19th  day  of  Nov.   1794,  between  His 


{ 


20 


■-j^' 


0 


Britannic  Majesty  and  the  United  States,  it  was  agreed, 
in  order  to  facilitate  intercourse,  and  obviate  difficul- 
ties, that  other  articles  should  be  proposed  and  added 
to  the  treaty  above-mentioned,  which  articles,  from 
want  of  time  and  other  circumstances,  could  not  then 
Ijc  perfected,  and  that  the  said  parties  should  from 
time  to  time  regularly  treat  of  and  concerning  such  ar- 
ticles, and  should  sincerely  endeavour  so  to  form  them 
as  that  they  might  conduce  to  miituel  convenience, 
and  tend  to  promote  mutual  satisfaction  and  friend- 
bhip ;  and  that  the  said  articles,  after  having  been  du- 
ly ratified,  should  be  added  to,  and  make  part  of,  the 
above-mentioned  treaty. 

2.  And  whereas,  it  will  greatly  conduce  to  the  main- 
tenance and  improvement  of  that  friendship  and  har- 
mony now  subsisting  between  the  contracting  parties 
tiiat  measures  should  be  taken  by  mutual  consent  for 
the  giving  up  of  deserters  on  each  side  :  -     • 

3.  Therefore,  the  parties  have  with  this  view  ap- 
pointed  their  respective  ministers  to  meet,  negociate, 
and  conclude  on  this  subject — that  is  to  say.  His  Bri- 
tannic Majesty,  Robert  Liston,  Esquire,  His  Majes- 
ty's Envoy  Extraordinary  and  Minister  Plenipotenti- 
ary to  the  United  States  of  America ;  and  the  United 
States, 

4.  Who  having  communicated  to  each-other  their 
respective  full  powers,  have  agreed  on  the  following 


*  -♦ 


iS- 


».>^-»,*4rt'i,^?i. 


».;»«l»  ..iKi  #_)»l,-^.  "    ^H.'t'        .■•-<— 


■t 


m 


article  to  be  added  to  the  above-mentioned  treat}*,  and 
to  form  a  part  thereof.  '  ■    ,/ 

Additional  Article. 

5.  It  is  agreed  that  no  refuge  or  protection  shall  be 
afforded,  irt  the  territories  or  vessels  of  eiiher  of  tlie 
contracting  parties,  to  the  captains,  officers,  mari- 
ners, sailors,  or  other  persons,  being  part  of  the  crews 
of  the  vessels  of  the  respective  nations,  who  shall 
have  deserted  from  the  said  vessels ;  but  that  on  the 
contrary,  all  such  deserters  shall  be  delivered  up  on 
demand,  to  the  commanders  of  the  vessels  from 
which  they  have  deserted,  or  to  the  commanding  offi- 
cers of  the  ships  of  war  of  the  respective  nations,  or 
such  other  persons  as  may  be  duly  authorised  to  make 
requisition  in  that  behalf,  provided  that  proof  be  made 
by  an  exhibition  of  the  register  of  the  vessel  or  ship's 
roll,  or  authenticated  copies  of  tlie  same,  or  by  other 
satisfactory  evidence,  that  the  deserters  so  demanded 
were  actually  part  of  the  crew  of  tlic  \  cssels  in  ques- 
tion. 

6.  With  a  view  to  the  more  effectual  execution  of 
this  article,  tlie  consuls  and  vice-consuls  of  His  Bri- 
tannic Majesty  and  of  the  United  States  may  cause  to 
be  arrested  all  persons  who  have  deserted  from  the  ves- 
sels of  the  respective  nations  as  aforesaid,  in  order  to 
send  them  back  to  the  commanders  of  the  said  ves- 
sels, or  to  remove  them  out  of  tlie  country.    For 


1  w. 


*. 


V  J.  (  - 


r 


\ 


wliicli  purpose  the  said  consuls  unci  vice-consuls 
■shall  apply  to  the  courls,  jiicbics,  niul  ofilctfb  compe- 
tent, and  shall  demand  llic  said  iloscrtcrs  in  writing, 
proA ing  as  aforesaid  that  they  Mere  part  of  the  said 
crews;  and  on  this  demand,  so  proved,  thedclivuy 
shall  not  be  refused  :  and  there  shall  be  given  all  aid 
and  assisti\nce  to  the  said  consids  and  vice-consuls  for 
the  search,  seizure,  and  arrest  of  the  said  deserters, 
•who  shall  even  be  detained  and  kept  in  the  ])risons  of 
the  country,  at  their  request  and  expcnce,  until  they 
shall  have  found  an  opportunity  of  sending  them  back, 
or  removhig  them  as  aforesaid.  But  if  they  be  not 
so  sent  back  or  removed  within  tlirce  months  from  the 
day  of  their  arrest,  they  shall  be  set  at  liberty,  and 
shall  not  again  be  arrested  for  the  same  cause. 

7.  It  is  however  understood,  that  this  stipulation  is 
not  to  extend  to  authorise  either  of  the  parties  to  de- 
mand the  delivery  of  any  sailors,  subjects,  or  citizens, 
belongingto  the  other  party,  who  have  been  employed 
on  board'the  v  cssels  of  eidicr  of  the  respective  nations, 
and  who  have,  in  time  of  war  or  threatened  hostility, 
V  oluntarily  entered  into  the  service  of  their  own  so- 
vereign or  nation,  or  have  been  compelled  to  enter 
therein,  according  to  the  laws  and  practice  prevailing 
ill  the  two  countries  respectively. 

?,.  It  is  fardier  agreed,  that  no  refuge  or  protection 
shall  be  aftorded  by  cither  of  the  contracting  parties  to 


m'. 


) 


Xwffl'-'WM'ltHJ 


) 


A 


uny  soldiers  who  may  desert  from  the  military  ser- 
vice  of  the  other,  but  that,  on  the  contrary,  tlie  most 
eflPectual  measures  shall  be  taken,  in  like  maniKcas 
with  respect  to  sailors,  to  apprehend  any  such  sol. 
diers,  and  to  deliver  them  to  the  commanding  officers 
of  the  military  posts,  forts,  or  garrisons,  from  which 
they  have  deserted,  or  to  the  consuls  or  Vice-consuls 
on  either  side,  or  to  such  other  person  as  may  be  duly 
auUiorised  to  demand  their  restitution. 

9.  It  is  however  understood,  that  no  stipulation  in 
this  additional  article  shall  be  construed  to  empower 
the  civil  or  military  officers  of  either  of  the  contract- 
ing parties  forcibly  to  enter  into  the  public  ships 
of  war,  or  into  the  forts,  garrisons,  or  posts  of  the 
other  party,  or  to  use  violence  to  the  persons  of  the 
land  or  sea  officers  of  the  respective  nations,  with  a 
view  to  compel  the  delivery  of  such  persons  as  may 
have  deserted  from  the  naval  or  military  service  of 
either  party  as  aforesaid.  •  ^- 

The  Secretary  of  State  to  Mr.  Liston. 

Department  of  State,  Philadelphia,  May  3, 1800. 

Sir,— In  reference  to  your  letter  of  the  2d  Fe- 
bruary last,  I  soon  after  took  occasion  to  intimate  to 
you  what  appeared  to  be  the  President's  way  of  think- 
ing on  the  subject.  I  have  now  the  honour  to  state  to 
you,  that  while,  by  the  law  of  nations,  the  right  of  a 


/♦, 


J  ' 


a 


-».  t 


t 


fcw' 


bciligLrcnt  ijoucr  to  capture  and  detain  the  merchant 
vessels  of  neutrals,  on^ust  suspicion  of  having  on 
board  enemy's  property,  or  of  carrying  to  such  ene- 
my any  of  the  articles  which  are  contraband  of  war, 
is  unquestionable, — ^no  precedent  is  recollected,  nor 
does  any  reason  occur  which  should  require  the  neu 
tral  to  exert  its  power  in  aid  of  the  right  of  the  belli- 
gerent nation  in  such  captures  and  detentions.    It  is 
conceived  that  after  warning  its  citizens  or  subjects  ol' 
the  legal  consequences  of  carrying  enemy's  property. 
or  contraband  goods,  nothing  can  be  demanded  of  the 
sovereign  of  the  neutral  nation,  but  to  remain  passive. 
If,  however,  in  the  present  case,  the  British  captors  of 
die  brigantine  Experience,  Hewit,  master ;  the  ship 
Lucy,  James  Conelly,  master ;    and  the  brigantine 
fair  Columbia,  Edward  Casey,   master,  have  an> 
right  to  the  possession  of  those  American  vessels,  or 
their  cargoes,  in  consequence  of  their  capture  and  de- 
tention, but  which  you  state  to  have  been  rescued  by 
their  masters  from  the  captors,  and  carried  into  ports 
of  the  United  States,  the  question  is  of  a  nature  cog 
nizable  before  the  tribunals  of  justice,  which  are  open 
ed  to  hear  the  captor's  complaints,  and  the  proper  ofii 
eer  will  execute  their  decrees. 

You  suggest  that  these  rescues  are  an  infringement  ol 
the  law  of  nations.  Permit  me  to  assure  you,  that 
any  arguments  which  you  shall  offer  to  that  point,  will 
receive  a  just  attention. 


* 


With  regard  to  the  British  seamen  and  deserters 
who  have  assisted  in  the  rescues,  with  great  truth  I 
am  authorised  to  assure  you,  that  the  Government 
have  no  desire  to  retain  them ;  but  besides  that  the 
many  months  elapsed  since  those  eveits,  and  the  con- 
sequent dispersion  of  the  men,  would  probably  ren* 
der  their  delivery  impracticable,  it  is  not  known  to  be 
authorised  by  any  law.  This  has  brought  into  view 
your  project  of  stipulations  for  the  mutual  delivery  of 
deserters  whether  seamen  or  soldiers :  and  I  have  now 
the  honouf  to  enclose  a  counter-project,  by  which  you 
will  see  the  objections  which  have  occurred  to  your 
propositions.  The  President  has  been  pleased  to  di- 
rect and  empower  me  to  negociate  with  you  on  this 
subject,  and  it  will  afford  him  great  pleasure  if  we 
can  make  a  satisfactory  arrangement.   ;  *  -   '  ^ 

I  have  the  honor  to  be,  &c. 

TIMOTHY  PICKERING. 

jRobt.  Liston,  Esq. 

1.  It  is  agreed  that  no  refuge  or  protection  shall  be 
ufforoed  in  the  territories  or  vessels  of  either  of  the 
contracting  parties,  to  the  officers,  mariners,  or  other 
persons,  being  part  of  the  crews  of  the  vessels  of  the 
respective  nations,  who  shall  desert  from  the  same ; 
but  that  on  the  contrary,  all  such  deserters  shall  be 
delivered  up  on  demand,  to  the  commanders  of  the 
\essels  from  which  they  shall  have  deserted,  or  to  the 

D 


■K  ■  '^. 


*; 


i;f:S^ 


A. 


i 


•i'M 


« 


,%i=.. 


^ 


cMiMntunding  officers  of  the  ships  of  war  of  the  respec- 
tive nationS}  or  such  other  persons  as  may  be  duly 
authorised  to  make  rec^iation  in  that  bdialf :  provi- 
ded, that  proof  be  made  by  exhibition  of  the  shipping 
paper  or  contraoti  or  authenticated  copies  thereof,  <x 
by  other  satisfactory  evidence,  that  the  deserters  so 
demanded  were  actually  part  of  the  crews  of  the  ves- 
sds  in  questimi.  :  ,.** ' 

2.  With  a  view  to  the  more  cfiectuail  execution  of 
this  article,  thecommandersof  die  vessels  from  which 
such  desertions  shall  t^e  place,  and  the  consuls  and 
vice-copauls  of  has  Britannic  Majesty  aa^d  ci  the 
United  States,  respectively,  maycausetobeaimiBd 
all  pqraoos  who  shall  desert  fiom  the  ressds  of  the  re- 
spective nations  as  aforesaid.    And  for  thb  purpose, 
the  said  ooawnanders,  consuls,  and  vice-consuls, 
shall  ^^  to  the  courts,  judges,  andofioersccMnpe- 
tent,  and  shall  demand  the  said  deserters  in  writing, 
and  adduce  proof  of  their  desertion  as  afoRsaid;  and 
on  this  demand,  and  satisftctory  proof,  the  delivery 
shall  be  made.    And  tiiere  qhall  be  given  all  neceast. 
ry  aid  to  the  said  commanders,  consuls,  and  vice-con- 
suls, fnrthe  search,  seizure,  and  arrest  of  the  said  de- 
serters, who,  if  it  be  requested,  shdl  be  detained  and 
kept  in  prison,  at  the  expence  of  those  who  demand 
them  as  af(»esaid,  until  they  can  be  put  cm  board 
their  own,  or  other  veesds  of  theijr  nation,  or  be  other. 


'^ 


\^  :.,' 


wise  sent  back  to  their  own  oountiy :  prooided,  that 
if  this  be  not  done  within  three  months  from  the  day 
of  their  aireait,  such  deserttn  shall  be  set  at  libertjr, 
and  not  be  again  arrested  for  the  same  cause. 

3.  It  is  {farther agieed,  thatno  refuge  or  prolectioii 
shall  be  affixded  by  either  of  the  contracting  parties  to 
any  non-commisuoned  officer  or  soldier  who  m^  de- 
sert from  the  militaiy  service  of  the  other;  butthaton 
the  contrary  themost  effectual  measures  shall  be  taken, 
In  like  manner  as  with  respect  to  sailors,  to  appre- 
liendany  such  non-commissioned  officers  andsoI« 
diers,  and  to  deliver  them  to  the  commanding  officer 
of  the  military  posts,  f(xts,*  or  garrisons,  from  which 
they  have  deserted,  or  to  the  consuls  or  vice-ccuisuls 
<»i  either  side,  or  to  such  other  person  as  may  be  du- 
ly authorised  to  demand  their  resdtuti<m. 

4.  It  is,  however,  understood,  that  nothing  in  these 
stipulations  shall  be  ccmstraed  to  empower  the  civil, 
military,  or  naval  officers  of  either  of  the  contracting 
pardes,  fwcibly  to  enter  imo  the  territoiy,  forts,  posts, 
or  vessels  of  the  other  party,  or  to  use  violence  to 
die  persons  of  the  commanders  or  odier  officers  of  the 
forts,  posts,  or  vessels  of  the  other  party,  widi  a  view 
to  com))el  the  delivery  of  such  pcrtons  as  shall  desert 
asafwesaid. 


m 

»^^^i 

i^' 

^v 


•c 


'.4 


»        \' 


>      ■ 


#-■■*■ 


"t~  '"" 


■  u 


t*, 


•    I    :        ». 


4W 


^"^ 


The  Secretary  of  the  Treasury  to  the  President. 

The  Secretary  of  the  Treasury  respectfully  submits 
the  following  observations,  in  obedience  to  the  direc- 
tion of  the  President  of  the  United  States. 

The  project  of  a  treaty  proposed  by  the  Minister  of 
His  Brit^nic  Majesty  for  the  reciprocal  delivery  of 
deserters  from  the  land  and  naval  service,  does  not 
sufficiently  provide  against  the  impressment  of  Ame- 
rican  seamen,  and  is  therefore  deemed  inadmissible. 
The  ideas  of  the  Secretary  of  the  Treasury  on  this  sub- 
ject are  stated  in  the  counter-project  hereto  subjoined, 
and  will  be  found  to  be  essentially  the  same  as  those 
of  the  Secretary  of  State. 

The  Secretary  of  the  Treasury  fully  concurs  in 
opinion  with  the  Secretary  of  State,  respecting  the  re- 
ply proper  to  be  given  to  the  notes  of  Mr.  Liston,  da- 
ted the  2d  and  4th  February  last,  demanding  the  resti- 
tution of  several  American  vessels,  captured  by  Bri- 
tish cruizers,  and  rescued  by  the  crews  of  said  vessels. 
AU  which  is  respectfully  submitted,  by 

(Signed)  OLIVER  WOLCOTT, 

Secretary  of  the  Treasury. 
Treasury  Department,  April  14, 1800. 


-* 


r^ 


'it 


rci^^^'v'' 


W-' 


liv 


\  • 


29 


Additional  articles  proposed  to  be  added  to  the  Treaty 
of  Amity  t  Commer  ,,  and  Navigationy  concluded 
at  London f  on  the  \9th  day  of  November ^  1794, 
and  to  form  a  part  of  said  Treaty. 

1.  It  is  agreed  that  no  refuge  or  protection  shall  be 
afforded  to  the  officers,  marines,  or  other  persons,  be- 
ing part  of  the  crews  of  the  vesselsof  the  respective  na- 
tions, who  shall  hereafter  desert  from  the  same  ;  but 
that  on  the  contrary,  all  such  deserters  shall  be  deliver- 
ed up  on  demand,  to  the  commanders  of  the  vessels 
from  which  they  shall  have  deserted,  or  to  the  com- 
manding officers  of  the  ships  of  war  of  the  respective 
nations,  or  such  other  persons  as  may  be  duly  author!- 
sed  to  make  requisition  in  that  behalf :  provided^  that 
proof  be  madejvithin  two  years  after  the  time  of  de- 
sertion by  an  exhibition  of  the  shipping  paper,  or  con- 
tract, or  authenticated  copies  thereof,  or  by  other  satis- 
fectory  evidence,  that  the  deserters  so  demanded  were 
actually  part  of  the  crews  of  the  vessels  in  question. 

2.  With  a  view  to  tHc  more  effectual  execution  of 
the  foregoing  article,  the  commanders  of  the  vessels 
from  which  such  desertions  shall  take  place,  and  the 
consuls  and  vice-consuls  of  His  Britannic  Majesty 
and  the  United  States,  respectively,  may  cause  to  be 
arrested  all  persons  who  shall  desert  from  the  vessels 
of  the  respective  nations  as  aforesaid ;  and  for  this  pur- 
lioac  Ae  said  commanders,  consuls,  and  vice-consuls, 


'-:■)■ 


ff 


-       I 


I* 


Vt 


;.i   A.;,^,.    t,. 


tf 


B! 


i 


■i 


i    \ 


I 


riiuil  apply  to  the  courts,  judges»  atid  oflieeni  eompe- 
tent,  and  shall  demand  the  said  deserters  in  writing, 
and  produce  proofs  of  their  desertion,  as  aforesaid ; 
and  on  such  demand  and  satisfactory  i»oof  as  afore- 
said, the  delivery  shall  be  made.  And  there  shall  b^ 
r,lven  all  aid  and  assistance  to  the  said  consuls  aind 
vice.consuls  for  the  search,  seizure,  and  arrest  of- 
the  said  deserters,  Avho,  if  it  be  lequested^alibekept 
and  detained  in  the  prisons  of  the  country,  at  the  ex- 
pence  of  those  who  demand  them  as  aforesaid,  untU 
ihey  can  be  put  on  board  their  own  or  other  vessels  df 
their  own  nation,  or  to  be  otherwise  sent  back  to 
their  own  country  :  provided^  that-  if  this  be  not  done 
\vithin  three  months  from  the  day  of  thrir  anest,  su(^ 
deserters  sliall  beset  at  liberty,  and  not  again  be  anreat- 
cd  for  the  same  cause. 

3.  It  is  further  agreed,  that  no  refuge  or  protection 
bhiill  be  afforded  by  either  of  the  contracting  parties, 
to  any  person  who  shall  hereafter  desert  from  the  mili- 
tai'y  land  service  of  the  other ;  but  that,  on  the  contra- 
r3',  the  most  effectual  measures  shall  be  taken,  in  like 
manner  and  on  like  conditions  as  widi  respect  to  sai- 
lors, to  apprelicnd  any  such  deserters  from  the  land 
service,  and  to  deliver  them  to  the  commanding  ojfi- 
CLTs  of  the  military  posts,  forts,  or  garrisons,  from 
which  they  shall  have  deserted,  or  to  die  consuls  or 
vice-consuls  on  either  side, or  tosuch  other  personsas 
may  Ix;  duly  authorised  to  demand  their  restitution.  - 


31 

4.  It  b,  however,  understood,  that  nothing  in  the 
fdxegoing  stipulations  shall  be  construed  to  empower 
the  civil,  or  any  other  officers,  of  either  party,  forcibly 
to  enter  the  forts,  posts,  or  any  other  place  within  or 
under  the  j  unsdiction  of  the  other  party ;  nor  to  em- 
power the  naval  commanders  or  other  officers,  of  either 
party,  fordbly  to  enter  any  public  or  private  vessel  of 
the  other  par^,  on  the  high  seas,  with  a  view  to  com- 
pel the  delivery  of  any  person  whatever :  on  the  con- 
trary,  it  is  expressly  declared  to  be  the  understanding 
of  thecmitractingpQrties,  that  themutualrestitutions  of 
persons  claimed  as  deserters  shall  only  be  made  by 
the  firee  and  voluntaiy  consent  of  the  military  officers 
ei9ployed  in  the  land  service,  or  the  commanders  of 
the  public  or  private  Mps  or  vessels  of  the  two  par. 
ties ;  or  in  pursuance  of  the  decisions  of  the  courts, 
judges,  or  other  competent  civil  officers  of  the  two  na- 
tions, in  sU  cases  arising  within  thdr  respective  jurisr 
dicdons. 

(Signed)  OLIVER  WOLCOTT. 


The  Secretary  of  War  respectfully  submits  the  fol- 
lowing observations,  in  obedience  to  the  direction  of 
the  President  of  the  United  States. 

The  Secretary  very  much  doubts  the  soundness  of 
the  principle,  upon  which  a  refusal  to  deliver  up  mer 


! 


,3>ai 


I 


I'. 


! 


V, 


'  \ 


^ 


*  ■ 


11 


^1 


i. 

f 


-I' 


i1 


/I* 


i 


1 1 


'  «  '  . 

cliant  vessels  captured  by  a  belligerent  power  b  found, 
cd.  It  appears  to  the  Secretary,  considering  the 
question  upon  general  ground,  that  merchant  vessels 
belonging  to  a  neutral  nation,  seized  by  a  belligerent 
power  on  the  high  sea,  for  violating  the  laws  of  neu- 
trality, cannot,  agreeably  to  the  law  of  nations,  be 
rightfully  retaken  by  a  vessel  of  the  neutral  power, 
nor,  if  retaken  and  brought  into  a  port  of  the  neutral 
nation^  rightfully  withheld  by  that  nation  from  the 
captors.  It  results  from  this  principle,  that  a  vessel 
or  its  cargo  being  prize  or  no  prize  ciinnot  be  right- 
fully determined  in  other  tribunals  than  those  of  the 
nation  exercising  the  right  of  capture,  the  right  to  try 
in  the  appropriate  courts  of  the  country  of  the  captor^. 
following  the  right  to  capture. 

It  may  be  asked,  is  tlie  right  which  a  belligerent 
power  acquires  to  the  property  of  its  enemy,  seized 
in  a  neutral  vessel,  full  and  perfect  ?  To  this  it  may 
be  answered,  that  the  right  thus  acquired  is  full  and 
perfect  as  relative  to  exempting  it  from  capture  by  any 
neutral  vessel.  For,  if  the  merchant  vessel  which  con- 
tains  the  property  may,  after  its  being  seized  or  pos- 
sessed by  the  belligerent  power,  use  yorf^  to  recov- 
er it,  so  may  every  other  merchant  vessel  belqnging 
to  the  neutral  nation.  Further,  if  the  crews  of  the 
neutral  vessels  may  recapture,  it  would  seem  that  our 
vessels  of  Avar  could  also  recapture,   the  contrarj- 


■  33 

Xvhertot  is  to  be  collected  from  the  statute  which  au- 
thorises  recaptures  of  our  vessels  taken  by  the  French. 
But  the  state  of  neutrality  does  not  permit  a  neutral 
power  to  espouse,  in  any  manner  whatever,  either 
side,  or  to  prefer  one  to  the  other  belligerent  party. 
It  is  the  indispensable  duty  of  neutrals,  "  Bello  sc 
Boninterponant."  .  To  recapture  theproperty  of  either 
from  the  other,  is  a  clear  meddling  in  the  war,  and 
direct  violation  of  every  principle  of  neutrality. 

If  the  property  in  a  neutral  vessel  was  enemy^s 
property y  or  contraband  of  war,  the  belligerent  ves- 
ael  having  once  made  prize  of  ity  has  a  clear  right  to 
it,  of  which  the  crew  of  the  neutral  vessel  cannot  di- 
vest her  by  recapture.  To  the  Secretary  it  appears  a 
60und  position,  that  neutral  nations  ought  to  regard 
the  parties  at  war  as  lawful  proprietors  of  all  that  they 
take  from  each  other;  consequently,  it  cannot  be 
right  for  the  citizens  of  a  neutral  nation  to  interfere  to 
rescue  from  one  of  the  belligerent  powers  property 
which  he  had  taken  belonging  to  the  other.  A  neu- 
tral vessel  loads  with  enemy's  goods  at  a  known  risk, 
that  of  their  being  subject  to  capture,  and  under  the 
obligation  only  to  use  all  due  endeavours  to  avoid  an 
enemy  or  capture.  Here  the  obligation  of  the  neutral 
ends,  for  slie  is  not  permitted,  if  taken,  to  recover  the 
goods  bv  recapture,  the  nation  only  to  whose  citizens 


•  n 


if' 

ill 


m 


Mi^m 


.SFk 


•*»* 


54 


k  4*1 


■t^j 


vf* 


or  subjects  they  belonged  (or  the  parties  at  war  with 
the  captors*)  possessing  that  right. 

By  tlic  h»\v  of  nations,  a  neutral  vessel  met  at  sea 
is  liable  to  be  seized  by  a  vessel  of  war,  as  the  casc> 
may  be,  of  either  of  the  belligerent  powers.  This 
law  gives  the  additional  right,  if  the  belligerent 
vessel  is  not  satisfied  with  his  search  to  carry  the 
neutral  vessel  into  the  country  of  the  captors^  there 
to  be  examined,  tried,  and  condemned  (if  she  has  vi- 
olated the  neutrality)  in  its  courts,  established  for  the 
enquiry  into  the  subject,  and  to  compel  by  force  the 
neutral  to  submit  to  search,  and  also  to  be  carried  in- 
to the  country  of  the  captors. 

If  such  ships  shall  be  attacked,  in  order  to  an  ex- 
amination, and  shall  refuse,  they  may  be  assaulted 
like  a  house  supposed  to  have  thieves  or  pirates  in  it, 
refuses  to  yield  up  their  persons,  may  be  broken  up 
by  the  officer,  and  the  persons  resisters  may  be  slain. 
— Malloy  de  Jure  Mar.  et  Nav.  1.  1,  c.  3,  s.  xiii. 

It  also  appears  to  the  Secretary,  that  if  a  neutral  ves- 
sel found  at  sea  refuses,  and  resists  by  force^  to  be 
searched,  she,  for  such  conduct,  is  liable  to  be  con- 
demned as  lawful  prize.  If  the  law  of  nations  gives 
a  right  to  search^  it  cannot  allow  a  right  to  resist  a 
search  by  force.  The  two  rights  cannot  exist.  They 
are  perfectly  inconsistent.  If  iht  first  is  lawful,  the 
latter  must  be  unlawful;  consequently,    liable  to 


if 


■»: 


35 


some  puniblimeut,  or  the  right  would  be  nugatorj'. 
If  the  law  of  nations  gives  also  a  right  to  carry  the  neu- 
tral vessel  into  the  country  of  the  captor's  courts,  this 
right  also  cannot  be  resisted  or  opposed  by  force  with- 
out violating  the  law.  It  would  seem  to  the  Secreta- 
ry, that  the  persons  who  resist  the  search  by  force,  or 
resist  or  prevent  by  force  the  neutral  vessel  being  car. 
ried  into  the  captor's  country  for  trial,  must  by  such 
conduct  be  guilty  of  a  breach  of  the  law  of  nations, 
und  if  so,  they  must  be  liable  to  some  punishment; 
and  if  the  nation  to  which  they  belong  does  not  punish 
tiiem,  on  application  to  that  effect,  it  thereby  becomes 
a  party  to  the  wrong.  The  Secretary  cannot  think 
ihat  either  the  right  of  search,  or  of  carrying  the  neu- 
ti  al  into  the  country  of  the  captors,  is  founded  on  SU' 
periority  qf/orce^  but  on  the  law  of  nations.  This 
opinion  the  Secretary  rests  upon  Vattel,  1.  3.  c.  7.  s. 
cxiv.. ;  Martin's  Law  of  Nations,  N.  323. ;  Lee  on 
Captures ;  the  Report  on  the  Silesia  Loan,  8ce. 

The  Secretary,  however,  cannot  venture  to  disap. 
prove  of  the  answer  proposed  to  be  given  by  the  Secre- 
tary of  State.  He  does  not  know  of  any  precedent  of 
a  neutral  nation  exerting  its  power  in  any  similar  case 
of  recapture  in  aid  of  the  right  of  the  belligerent  power, 
but,  unquestionably,  there  is  reason  so  to  do,  if  the 
idea  he  has  presented  of  the  law  of  nations  is  accurate. 
He  thinks  it  probable  also,  without  pretending  to  bo 


^1 


i 


•I 


r '. 


m^ 


S6        f' 

positive,  that  instances  of  recapture  like  the  present 
are  few.  ... 

In  some  future  time,  America  may  stand  in  rela- 
tion to  other  powers  as  Great  Britain  stands  at  this 
time,  and  may  wish  to  make  the  same  claim  that  she  ' ' 
does  now.    The  Secretary  greatly  doubts,  but  with 
great  deference,  whether  the  cases  in  question,  of  re- 
captures, are  cognizable  before  our  courts  of  justice ; 
the  subject  seems  rather  to  belong  to  the  Executive,  o 
Peculiar  caution  may  be  proper,  for  fear  at  some  fu-  ' 
ture  period  our  proceeding  may  be  urged  against  us  to 
bur  detriment.    If  it  appears  necessary  to  reconsider 
the  subject,  the  Secretary  would  beg  leave  to  suggest 
the  propriety  of  adding,  that  as  there isno provision  by 
treaty,  or  opposite  law  of  the  United  States  on  the 
subject,  it  might  be  advisable  to  make  some  stipula- 
tions by  treaty. 

The  Secretary.is  inclined  to  believe,  that,  if  any, 
there  is  not  sufficient  remedy  for  the  delivery  of  deser- 
ters from  British  vessels.  He  has  imderstood  that 
some  of  our  courts  had  determined,  that  the  law  of 
Congress  concerning  seamen  relates  to  American  sea- 
men only.  The  claim  for  British  seamen  who  have 
or  may  desert,  is  just,  and  ought  to  be  reciprocal. 
The  secretary  thinks  the  project  of  Mr.  Liston  may 
be  substantially  accepted,  except  the  seventh  article, 
which  seems  to  .provide  that  the  United  States  shall 


d-^ 


..,-^- 


■^■"fe. 


'  I 


w 


37 

not  demand  the  delivery  of  Qny  sailors,  although  their 
uitizens,  if  they  have  \)ccn  employed  on  British  ves- 
sels, and  who  have,  in  time  of  war  or  threatened  hos- 
tilitieSf  voluntary  entered  into  the  British  service,  or 
have  been  compelled  to  enter  therein,  according  to 
the  law  and  practice  prevailing  in  Great  Bi  itain.  This 
article  is  very  inaccurately  expressed  i  for  it  says, 
*'  employed  or  entered  into  the  service  of  their  own 
sovereign  or  nation,  or  compelled  to  enter  therein," 
&c.  If  this  article  means  what  it  is  apprehended  it 
does,  it  is  wholly  inadmissible.  It  establishes  a 
principle  reprobated  by  this  country.  The  counter- 
projeotof  the  Secretary  of  State,  in  substance,  meets 
the  Secretary's  approbation  :  but  it  is  submitted, 
whetlier  the  adoption  of  part  of  the  draught  by  the  Se- 
cretary of  the  Treasury  will  not  improve  it. 

All  which  is  respectfully  submitted. 

(Signed)         JAMES  M'HENRY. 

rrar  Department,  April  19,  1800.     ,       ^ 


I     % 


'  Mr.  Stoddert,  Secretary  of  the  Navy,  to  the 
President.  • 

The  Secretary  of  the  Navy,  in  obedience  to  the  or- 
der  of  the  President,  respectfully  submits  the  follow- 
ing observations,  on  the  matters  of  reference  to  the 
Heads  of  Departments.  '  ' 

The  proposed  letter  of  the  Secretary  of  state  in  aiv 


f) 


m 


.^ 


4.- 


hWtrtoMr.  Liston's  notes  ofthc2clancl4th  February, 
demanding  tlie  restitution  of  American  vessels  captur- 
ed by  British  ships,  and  rescued  by  their  own  crews, 
appears  to  tlie  Secretary  of  tlie  Navy  entirely  proper. 
He  believes  the  demand  is  neither  sanctioned  by  pre- 
cedent, nor  the  law  of  nations.  Should  it  be  other- 
wise, Mr.  Listen,  as  invited  by  the  Secretary  of  State, 
will  shew  it. 

Mr.  Liston's  project  of  an  article  on  the  subject  of 
deserters,  secures  to  his  nation  every  thing  it  could 
require,  but  affords  no  security  to  the  United  States 
in  a  point  of  equal  interest  with  them,  that  their  mer- 
chant vessels  will  not  be  interrupted  on  the  high  seas, 
in  order  to  impress  from  them  their  crews,  under  pre- 
tence of  being  deserters. 

It  is  certainly  just  that  the  United  States  should  af- 
ford to  Great  Britain  all  the  reasonable  security  they 
have  a  right  to  expect  from  a  friendly  nation,  against 
the  loss  of  tlicir  seamen — a  loss  of  all  others  tlie  most 
serious,  to  a  nation  depending  on  maritime  strength 
for  its  power — perhaps  for  its  safety.  But  it  is  equal- 
ly just  that  the  United  States  sould  be  secured  against 
the  impressment  of  their  seamen  on  the  high  seas,  and 
the  interruption  of  their  merchant  vessels.  The  pro- 
ject of  the  Secretary  of  the  Treasury  meets  the  full  ap- 
probation of  the  Secretary  of  the  Na\'y  :  It  seems  to 
comprehend  every  thing  that  ought  to  be  required  on 


\ 


-It 


.k- 


either  side.  But  it  is  so  desirable  to  have  a  right  un- 
derstanding on  a  subject  so  likely  to  produce  ill-blood, 
that  rather  than  not  agree,  the  Secretary  of  the  Navy 
thinks  tlie  word  herf;after,  u  positively  insisted  on, 
may  be  struck  out  of  that  project — and  submits, 
whether  for  the  sake  of  accommodation,  the  limitation 
of  time  in  which  deserters  may  be  claimed,  if  stremi- 
ously  urged  by  Mr.  Listony  may  not  be  extended  to 
three  years  the  Secretary  is  clearly  of  opinion,  that  it  is 
better  to  have  noaraelo,and  to  meet  all  conse<iuences, 
than  not  to  enumerate  merchant  vessels,  on  the  high 
seas  among  the  things  not  to  be  forcibly  entered  in 
search  of  deserters. 

All  which  is  respectfully  submitted. 
(Signed)  BEN.  STODDERT. 

Navy  Department,  .ipril  23,  1800. 

T/ie  Attorney  General  of  the  United  States  to  the 

President. 

■'        —      '-'  Philadelphia,  Felmiary  26,  1800. 

Sir — In  obedience  to  your  direction,  to  report  my 
opinion  upon  the  matters  contained  in  the  two  letters 
of  His  Britannic  Majesty's  Minister  to  the  Secretary 
of  State,  dated  2d  and  4th  instant,  the  following  is  res- 
pectfully submitted  to  your  consideration. 

In  the  first  mentioned  letter  a  claim  is  made,  by  the 

4 

express  order  of  His  Britannic  Majesty,  that  three  A- 


I  ' 


i 


f;. 


*•■-  < 


;■# 


■vr, 


inerican  merchant  vessels,  namely,  the  brigantine  Ex- 
perience, the  ship  Lucy,  and  the  ship  Fair  Columbi- 
an, which  had  been  stopped  and  detained  upon  the 
high  sea  by  several  British  ships  of  war,  under  a  sus- 
picion  of  having  enemies*  property  on  board,  and  af- 
terwards  taken  out  of  the  hands  of  the  priee-masters, 
the  two  first  by  force,  and  the  last  without  force,  and 
brought  into  the  United  States,  should  be  delivered 
up  to  the  Minister,  together  with  the  British  seamen 
and  deserters  who  assisted  in  those  rescues,  that  they 
may  be  sent  by  him  to  some  one  of  the  British  co- 
lonies, to  be  there  dealt  with  according  to  law.  This 
claim  is  to  be  considered  as  it  relates  to  the  American 
ships,  and  as  it  relates  to  the  British  seamen. 

T/ie  American  Ships. 

No  stipulation  in  the  treaties  between  the  two  na- 
tions authorises  the  demand  for  restitution  of  the  A- 
merican  ships.  It  is  therefore  to  be  decided  by  th^ 
practice  of  friendly  nations,  which,  upon  this  subject, 
is  the  only  law.    .  f         .      .      , 

It  is  not  denied  that  a  belligo'ent  has  a  right  to  stop 
a  neutral  ship  on  the  high  sea,  suspected  to  have  on 
board  either  contraband  merchandise,  destined  to  an 
enemy's  port,  or  enemies'  goods,  and  a  right  to  send 
such  neutral  ship  to  a  competent  court  for  examina- 
tion and  trial :  and  it  is  equally  tme  that  this  right  is 


.'W  -*  'lHu 

"i. 


cecognized  in  the  Pi^sident's  instructions  to  the  Ame* 
rican  ships  of  war.  But  while  the  right  of  searching 
neutral  ships  is  acknowledged,  it  is  not  acknowledged 
that  the  sovereign  of  the  neutral  nation  is  under  any 
obligation,  by  active  measures,  to  aid  and  assist  the 
sovereign  of  the  belligerent  nation  in  the  exercises  of 
this  right.  It  is  a  right  derived  from  war,  which  the 
belligerent  nation  is  suffered  toexercise  inconsequence 
of  its  superior  force,  upon  condition  that  reasonable 
satisfaction  be  made,  in  all  cases  of  unjust  detention, 
to  the  neutral  ship ;  and  all  that  is  expected  of  the  so- 
vereign of  the  neutral  nation  is  to  remain  passive. 

The  practice  of  searching  and  detaining  neutral  ships 
being  grounded  on  the  right  which  one  enemy  has  of 
injuring  and  weakening  the  other,  the  neutral  nation 
permits  her  merchant .  ships,  under  certain  circum- 
stances, to  be  stopped,  treated,  and  held  as  an  enemy 
by  the  belligerent,  but  the  belligerent,  in  so  doing, 
must  depend  on  his  own  strength  and  means,  and  may 
not  call  upon  the  sovereign  of  the  neutral  to  aid  him 
in  enforcing  the  rights  of  war  against  his  own  neutral 
subjects,  in  those  cases  where  no  positive  stipulations 
have  been  made  by  treaty.  Hence  arises  the  practice 
of  putting  on  board  a  neutral  ship,  when  detained  and 
sent  for  adjudication,  a  prize-master  and  a  sufficient 
mnttber  of  men  for  carrying  her  into  port,  against  the 

wiHoftheneutrris. 

■■T 


»>. 


i 


■:'f^9^-'\..~'^'^^' 


\r 


,^. 


'  i>^' 


42 

That  a  neutral  nation  should  be  required  to  exert 
its  power  in  aid  of  the  right  of  detaining  and  searching 
its  own  ships,  which  belligerents  are  allowed  to  exer- 
cise, is  believed  to  be  without  precedent.  If  ever  a 
restitution  of  neutral  ships,  detained  and  rescued  un- 
der similar  circumstances,  has  been  claimed  by  the 
sovereign  of  a  belligerent  nation  from  the  government 
of  a  neutral  nation,  the  case  is  unknown  to  me.  Such 
a  claim  is  believed  never  to  have  been  made,  or  if 
made,  never  granted. 

Whatever  right  the  British  captors  have  (if  any  tliey 
have)  to  the  possession  of  the  American  ships,  isofh 
nature  cognizable  before  the  tribunals  of  justice,  which 
are  open  to  hear  their  complaints. 

For  these  reasons,  the  President  is  advised  to  abstain 
from  any  act  for  the  restitution  of  the  ships,  and  that 
the  British  Minister  be  informed  that  this  part  of  the 
claim  cannot  be  complied  with. 

■"  "      ,    "         r       •'     -'   ,     <-,..      ...  ' 

.  .  *;,  The  British  Seamen.  v_  - 
In  demanding  the  British  seamen  who  were  brought 
in  the  repossessed  vesseb  of  the  United  States,  I  see 
nothing  improper  or  unreasonable.  These  may  be 
apprehended  by  warrant,  to  be  issued  by  any  justice 
of  the  peace,  upon  due  proof,  in  those  states  where  the 
state  laws  have  so  provided ;  and  being  apprehended, 
may  be  delivered  to  the  master,  or  other  person  duly 
auther ist4  to  receive  them .    The  act  of  Gengress  con  - 


,*•-»»■    t- - 


■^•-^■■yA^fi^.-^ 


■/-■ 


i^:«p-^# 


•<*-)h   »^' 


43   ^    • 

cerning  seamen  is  believed  to  be  confined  to  Ameri- 
can seamen  only,  and  consequently  will  afford  no  aid 
or  remedy  in  the  present  case ;  and  the  remedy  under 
the  state  laws  may  not  be  always  found  to  answer  the 
purpose.  The  claim  of  the  British  seamen,  in  the 
present  instance,  being  reasonable,  the  Minister  may 
be  answered,  that  every  assistance  shall  be  g^ven  for 
tlie  recovery  of  them  which  the  law  of  this  coufitrj' 
^mit  and  direct.   ^  .  J  • 

It  certainly  is  v\  object  of  particular  concern  to 
the  British  nation,  to  come  to  an  agreement  with  the 
United  States  relative  to  deserters  from  the  sea  ser- 
vice, and  it  is  not  less  interesting  to  the  United  States 
to  come  to  an  agreement  with  Great  Britain,  relative 
to  the  impressment  of  American  seamen.  The  pro- 
ject of  an  article  relative  to  deserters,  as  proposed  by 
Mr.  Liston,  so  far  as  I  understand  it,  appears  to  be 
reasonable  :  but  the  7th  clause  of  that  project  is  so 
expressed  as  not  to  be  certainly  understood  by  me, 
and  will  require  to  be  otherwise  expressed,  that  its 
meaning  may  not  be  misapprehended.  If  this  article 
is  associated  witli  another,  concerning  the  impress- 
ment of  American  seamen,  in  terms  satisfactory  to 
our  Government,  I  think  it  will  be  highly  advisable  to 
agree  upon  such  stipulations.  The  one  will  be  very 
agreeable  to  the  British,  and  the  other  to  the  Ameri- 
can nation,  and  especially  at  n  time  when  the  sensibi- 


;  >3 
i',  ■5. 


m 
'■■^1 


-%. 


f% 


,■>' 


44 

lity  of  the  two  nations  seems  to  be  a  little  excited 
upon  those  subjects.  A  proposal  of  this  kind  I  think 
should  be  made  without  delay  to  the  British  Minister 
here.       -  ,  >  . 

:*  lam,  &c. &c.  v, 

t  (Signed)  CHARLES  LEE. 

To  John  Adams,  President  of  the  United  States. 

The  Attorney-General  having  read  and  considered 
the  letter  of  the  Secretary  of  State,  and  the  project  of 
an  article  drawn  by  the  Secretary  of  the  Treasury,  on 
the  subject  of  deserters,  which  are  proposed  to  be  sent 
to  the  British  Minister  here,  expresses  his  entire  ap- 
probation of  the  same. 

Jpril  30, 1800.  . 


Extract  of  a  letter  from  John  Marshall,  Esq.  Secre- 
tary of  State,  to  Rufus  King,  Minister  Pletipoten- 

tiary  of  the  United  States  at  London,  dated 

"  Department  of  State,  Sept.  SO,  1800. 

"  The  impressment  of  our  seamen  is  an  injury  of 
very  serious  magnitude,  which  deeply  affects  the  feel- 
ingsand  the  honor  of  the  nation.  /C 

"  This  valuable  class  of  men  is  composed  of  natives 
and  foreigners  who  engage  voluntarily  in  our  service. 

"  No  right  has  been  asserted  to  impress  the  natives 
of  America.  Yet  they  are  impressed,  they  are  drag- 
ged on  board  of  British  ships  of  war,  with  evidence  of 


j^^ 


«k 


^kt 


45      ■'  '      .- 

^  .     u  •    v.nnc\«    and  forced  by  violence 

there  to  serve    unul  concl^  ^^^^^^^^  ,        , 

binh  c»  be  obtained,    ^^e*  ^  ^^ 

time,  »*""«  ''»^  g         by  compelling  him  to  en- 
eUizenottheUnU«lSta«^J^y  ^^^^^^^ 

«^  "1  "  rlTi  l^*™»vair«tthcird.s. 
the  Lords  of  the  Admiraixy  .  yet  many 

ehargeo„tbeprod„o«<».o*ts-t-2>^^^„,^     ^ 

„ust  perish  unrelieved,  and  ^la«de 

Ue„.ble.imeinlavvless«.d.^r-c        .^^^^^^        . 
"  Itistheduty.asweU  as  the  r«J^  ^^.  .^ 

aon.tore,uire,hat  — --;;^^/^,,„„„, 
Government  to  P«ven^ J^  ^^_^  ^^^^  ^  ,„^  „ 

such  violence  by  .ts  '«!"''•._  ,,,,0  perpetrate  it.  w. 
,yp„nishinsandtrown.r«on^><^J     P    ^^^^^ 

The  mere  release  of  d«m^-^^^.^^^^^^^^,,^ 

^...eandsuffenn  J-co   P^^^._^^,,^„,, 

S-r^Jtisivei^^onheOove. 

rrC^:^- nations  .hicho^ht  to  be  the 

friends  of  each  other.      ^  ^  ^^.^^  ,,„„„. 

..  Those  seamen  who  w^  b  ^^^  ^^^^^ 

■•,„  have  been  adopted  by  this,  "ere 
-^;„rBritainorsomeotherpo«.er. 


i,: 


rAl 


"'#■ 


^^: 


•*■  ^ 


\ 


40* 

"  The  light  to  impress  those  who  were  British  sub 
jects  has  been  asserted,  and  the  right  to  impress  those 
of  every  otlicr  nation  has  not  been  disclaimed. 

**  Neither  the  one  practice  nor  the  other  can  be  jus- 
tified. ,         >  .       .  .  -,v-*  .  .^       M     .. 

"  With  the  naturalization  of  foreigners,  no  otherna- 
tion  c.ui  ivitc'fere  further  than  the  rights  of  that  other 
arc  afftcted.  The  rights  of  Britain  are  certainly  not 
affected  by  the  naturidization  of  other  than  British 
subjects.  Consequently  those  persons  who,  accord- 
ing to  our  laws,  arc  citizens,  must  be  so  considered 
by  Britain,  and  every  other  power  not  having  a  con- 
flicting claim  to  the  person. 

*'  The  United  States,  therefore,  require  positively 
that  their  seamen  who  are  not  British  subjects,  wheth- 
er born  in  America  or  elsewhere,  shall  be  exempt 
from  impressments. 

*'  The  case  of  British  subjects,  whether  naturalized 
or  not,  is  more  questionable ;  but  the  right  even  to  im- 
press them  is  denied.  The  practice  of  the  British 
Government  itself,  may  certainly,  in  a  controversy 
with  that  government,  be  relied  on.  The  privileges  it 
claims  and  exercises  ought  to  be  ceded  to  others.  To 
deny  this  would  be  to  deny  the  equality  of  nations, 
and  to  make  it  a  question  of  power  and  not  of  right. 

"  If  the  practice  of  the  British  Government  may  be 
quoted,  that  practice  is  to  maintain  a:id  defend  in 


[sub 
Ihose 

lerna- 

I  other 

|ly  not 

iritis!) 

;cord- 

[idcrcd 

a  con- 


4.7 

their  sea  service  all  those,  of  any  nation,  who  have  vo. 
luntarily  engngcd  in  it,  or  who,  according  to  their  laws, 
liave  become  British  subjects. 

"  Alien  seamen,  not  British  subjects,  engaged  in 
our  merchant  service,  ought  to  be  equally  exempt 
with  citizens  from  impressments :  we  have  a  right  to 
engage  them,  and  have  a  right  to  and  an  interest  in  their 
persons,  to  the  extent  of  the  service  contracted  to  be 
performed.  Britain  has  no  pretext  of  right  to  their 
persons  or  to  their  service.  To  tear  them,  then,  from 
our  possession,  is  at  the  same  time  an  insult  and  an 
injury.  It  is  an  act  of  violence  for  which  there  exists 
no  palliative.  >     ' 

"  We  know  well  that  the  difficulty  of  distinguish, 
ing  between  native  Americans  and  British  subjects 
has  been  used,  ^\•ith  respect  to  natives,  as  an  apology 
for  the  injuries  complained  of.  It  is  not  pretended  that 
this  apology  can  be  extended  to  the  case  of  foreigners, 
and  with  respect  to  natives  we  doubt  the  existence  of 
the  difficulty  alleged.  We  know  well,  that  among  that 
class  of  people  who  are  seamen,  we  can  readily  distin< 
guish  between  a  native  American  and  a  person  raised 
to  manhood  in  Great  Britain  or  Ireland ;  and  we  do 
not  perceive  any  reason  why  the  capacity  of  making 
this  distinction  should  not  be  possessed  in  the  same 
degree  by  one  nation  as  by  the  other. 

"  If,  therefore,  no  regulation  can  be  formed,  which 


vl/ 


i 


-'5;^,,„-..;m 


.% 


''^ 


'':^^' 

^^•s 


li 


■i 


48 

shall  efTcctually  secure  all  seamen  on  board  American 
merchantmen,  we  have  a  right  toexpect,from  the  jus- 
tice of  the  British  Government,  from  its  regard  for  tlic 
friendship  of  the  United  States,  ajid  its  own  honour, 
that  it  will  manifest  the  sincerity  of  its  wishes  to  re. 
press  this  oflfence,  by  punishing  those  who  commit  it. 

"  We  hope,  however,  that  an  agreement  may  be 
entered  into  satisfactory  and  beneficial  to  both  parties. 
The  article  which  appears  to  have  been  transmitted  by 
my  predecessor,  while  it  satisfies  this  country,  will 
probably  restore  to  the  naval  scrv  ice  oi  Britain  a  great, 
er  numljer  of  seamen  than  will  Ijc  lost  by  it.  Should 
ve  even  be  mistaken  in  this  calculation,  yet  the  diflfc. 
rence  cannot  be  put  in  competition  with  tlie  mischief 
which  may  result  from  tlie  irritation  justly  excited  by 
this  practice,  throughout  the  United  States.  The  ex- 
tent and  the  justice  of  the  resentments  it  produces^ 
may  be^stimated,  in  Britain,  by  inquiring  what  im- 
pressions would  be  made  on  them  by  similar  conduct 
on  the  part  of  this  Government. 

"  Should  we  impress  from  the  merchant  service  of 
Britain,  not  only  Americano  but  ibreigners,  and  even 
British  subjects,  how  long  would  such  a  course  of  in- 
jury  unredressed  be  permitted  to  pass  uiv%venged  ? 
How  long  would  the  Government  be  content  with  un- 
successful remonstrance  and  unavailing  memorials  ? 
T  believe,  sir,  that  only  the  most  prompt  correction 


■.^"^ 


lericaii 
lejus- 
for  tlic 
ionour, 
tore, 
mit  it. 
may  be 
•artie.s. 
itted  by 
ry,  will 
a  great- 
Should 
le  diffc- 
niischiei' 
cited  by 
The  ex. 
roduces; 
^hat  im- 
conduct 

ervice  of 

indeven 

■seofin. 

^enged? 

bvith  un. 

lorials? 

irrection 


of,  compensation  for,  tlie  abuse,  would  be  admitted 
as  sntlsraction  in  such  a  case. 

"  If  the  principles  of  this  Government  forbid  it  to 
retaliate  by  impressments,  there  is  yet  another  mode 
>vhich  might  be  resorted  to  :  We  might  authorise  our 
ships  of  war,  thoi/feh  not  to  impress,  yet  to  recruit 
sailors  on  board  British  merchantmen.  Such  are 
the  inducements  to  enter  into  our  naval  service,  that 
we  believe  even  this  practice  would  very  seriously  af- 
iect  the  navigation  of  Britain.  How,  sir,  would  it  be 
received  by  the  British  nation  ?  —  ■ 

"  Is  it  not  more  advisable  to  desist  from,  land  to 
:akc  effectual  measures  to  preveijt,  an  acknowledged 
wrong,  than  by  perseverance  in  that  wrong,  to  excite 
against  themselves  the  well  founded  resentments  of 
America,  and  force  our  Government  into  measures 

^^'hiQh  may  \ery  possibly  terminate  in  an  open  rupture. ' ' 

'  -  -  •,..■'■»--  -^^-t  '  -'■«■  -.  -•  .  « 

•       •  "  No.  2. 

Extract  of  a  letter  frori  Thomas  Pinckney,  Esq.  to 
the  Secretary  qf  StatCy  dated 

"  London,  January  3,  1793. 

"  I  have  only  time  to  say,  by  the  present  opportu- 
nity, that  their  contents  shall  be  duly  attended  to.  I 
have  strongly  urged  the  adoption  of  equitiible  regula- 
tions concerning  seamen,  and  from  a  conference  with 

Lord  Grcnville  this  day,  I  have  greater  hope  of  a  fa- 

G 


i 


;/ 


Iff  iiffli 


:{(« 


■/.v^ra 


i, 


A'.  ■ 


ft'       t 


iv 


50 

v6Urable  termination  of  this  negociation  than  I  hith- 
erto entertained.  My  expectations  on  this  head  are, 
however,  only  founded  on  wha.  Lord  Gvenvilk  de- 
clares to  be  his  own  ideas  of  the  subject  at'  present ; 
but  as  this  buuness  particularly  concerns  another  de- 
partment* nothing  conclunve  can  be  relied  on  from  a 
declaration  thus  expressly  confined.' 


» 


Mxtraetftf  a  Letter  from  Thwnas  Pinckney^  Esq.  to 
tht  Secretary  qf  State^  dated 

"  LonaoB.  MaT(^  IS,  1793. 

,\  **  Our  tnit  continues  subgect  to  great  inconve- 
iiknce,  both  from  our  seamen  being  impressed  froni 
the  liea  of  their  being  Britiih  jubjects,  ^  ftom  iMr 
entering  vduatarily  on  board  of  the  Kiag*a  ahip^ 
tempted  by  the  present hig^bouoftaes.  IhyvcMfrT* 
quent  convenations  on  this  subgect  with  I^ofd  Gccn- 
ville,  who  always  expresses  himself  to  be  sensible  of 
the  inconvenience  to  wluch  we  are  sutgected,  and  de- 
sirous to  iqq;>Iy  a  remedy;  but  still  nothing  decisive  is 
done.  Our  Consuls  are  permitt^  to  protect  irom 
unpvnsment  such  of  our  seamen  as  are  natives  of 
America*  but  no  others ;  and  the  daficulty  of  deter- 
mining by  agreement  who  beades  natives  are  to  he 
conudered  as  citizens  of  the  United  States,  will,  I  fear, 
during  thf  preaoit  generation  at  least,  remain  an  ob- 
stacle tq  every  other  plan  than  ths.t  of  letting  the  vcs- 


51 

sel  protect  a  given  number  of  men,  according  to  \/0 
tonnage.  I  insist  upon  the  terms  of  our  act  of  Con* 
9KS8  a«  the  rule  of  discrimination,  and  shew  that  in 
pcnnt  of  time  it  accords  with  an  act  of  their  own^  re- 
ladng  to  seamen.  I  send  herewith  a  transcript  of  a 
Kprewntation  I  made  on  the  subject  of  British  offi- 
cers detuning  deserters  from  our  vessels,  under  pre- 
tence of  their  being  Englishmen,  and  extorting  the 
payment  of  their  wages :  on  this  last  sutgect  a  ques- 
tion is  now  depending  in  the  Court  of  Admiralty ; 
the  former  remains  without  an  answer  from  the  Lords 
Commisnoners  of  that  department.  Lord  GrenviUp 
having  said  that  he  wished  me  to  have  some  conver- 
sation with  JVfr.  Bond,  00  account  of  his  being  patd- 
cuWly  well  acquainted  with  this  sutgect,  I  told  his 
Lordship  I  had  no  objection  to  conversing  with  any 
person  aiq)ointed  by  him  on,  this  subgect.  In  a  few 
days  I  received  the  enclosed  note  from  Mr.  Bond,  to 
whidi  I  sent  the  answer  araiexed,  in  order  to  produce 
an  ex'planation,  whereby  neither  more  not  less  than 
the  proper  degree  of  importance  might  be  attached  to 
the  conference.  Mr.  Bond  came :  he  said  he  had  no 
GommV  ionto  treat  on  die  subject:  we  therefore  agreed 
tfiat  it  was  to  be  considered  altogether  as  an  informal 
conversation.  Wediscoursed  at  length'upon  the  sub. 
ject,  but  I  do  not  find  that  we  are  nearer  coming  to  a 
conclusion  on  the  business  than  wc  were  before.    He 


BAiOinamrri 


■  « 


'i». 


\      ^ 


6k 


appeared  not  to  be  prepared  for  the  extent  of  the 
reciprocity  which  I  contended  should  form  the  basis 
and  pervade  the  whole  of  the  transaction  ;  fot  when 
he  urged  the  point  of  our  seamen,  or  at  least  their  cap- 
tain  in  their  behalf,  being  furnished  with  testimonials 
of  their  being  Americans  before  they  left  our  ports,  I 
told  him  the  inconveniences  arising  from  this  proce- 
dure would  be  equally  felt  by  both  nations ;  for  that 
we  should  expect  their  seamen  to  be  furnished  with 
similar  testimonials,  when  they  came  to  our  ports,  to 
those  they  expected  our  manners  would  bring  to 
theirs ;  he  asked  in  what  instance  it  would  become 
necessary,  (alluding,  I  presume,  to  our  not  beuig  in 
the  habit  of  impressing)  ;  I  answered,  that  unless  we 
could  come  to  some  accommodation  which  might  in- 
sure our  seamen  against  this  oppression,  measures 
would  be  taken  to  cause  the  inconvenience  to  be 
equally  felt  on  both  sides.  I  have  not  since  seen  Mr. 
Bond,  but  find  he  is  ordered  out  to  America  with  the 
title  of  Consul-General  for  the  middle  and  southern 


states. 


>» 


JSxtract  of  a  Note  from  Mr.  Jay^  Envqif  Extraor- 
dinary and  Minister  Plenipotentiary  of  the  United 
States  at  London,  to  Lord  Grenville,  Secretary  of 
Foreign  Affairs,  dated 

"  London,  July  30,  1794. 
"  The  undersigned  finds  it  also  to  be  his  duty  to 
represent,  that  the  irregularities  before  mentioned  ex- 


»     <i 


■^-.   * 


* 


tended  not  only  to  the  capture  and  condemnation  of- 
American  vessels  and  property,  and  to  unusual  perso- 
nal severities,  but  even  to  the  impressment  of  Ameri-  • 
can  citizens,  to  serve  on  board  of  armed  vessels.  He 
forbears  to  dwell  on  the  injuries  done  to  these  unfor." 
,,  tunate  individuals,  or  on  the  emotions  which  they  must 
naturally  excite,  either  in  the  breasts  of  the  nation  to 
whom  they  belong,  or  of  the  just  and  humane  of  every^ 
country.  His  reliance  on  the  j  ustice  and  benevolence 
of  his  Majesty  leads  him  to  indulge  a  pleasing  expec- 
tation, that  orders  will  be  given,  that  Americans  so 
circumstanced  be  immediately  liberated,  and  that  per. 
sons  honored  with  His  Majesty's  commissions  do  in 
future  abstain  from  similar  violences. 

"  It  is  with  cordial  satisfaction  that  the  undersigned 
reflects  on  the  impressions  which  such  equitable  and 
conciliatory  measures  would  make  on  the  minds  of 
the  United  States,  and  how  naturally  they  would  in- 
spire and  cherish  those  sentiments  and  dispositions 
whirh  never  fail  to  preserve  sfs  well  as  to  produce  re- 
spect, esteem,  and  friendship." 


J 


Rxtract  of  a  Letter  from  Mr.  Kin^y  Minister  Pleni- 
potentiary of  the  United  States  at  London^  to  iMrd 

Grenville^  dated 

"  London,  Great  Cumberland  Place, 

November  30,  1796. 

"  In  your  Lordship's  letter  of  the  21st  of  Septem- 
ber, in  answer  to  my  application  for  the  discharge  of 

-»  :      ,■      .  • 


» 

•*'     X 


*       t 
f 


'H 


■  ••* 


f 


A    >*• 


1*^' 


imdtnuuM-^mmmttistmHmtt 


* 


»  t 


34 


1 


•^■i 


'k 


Maxwd],  an  American  citizen,  impressed  and  d*;- 
tainedon  board  His  Majesty's  ship  Sandwich,  the 
mson  assigned  against  his  discharge  is,  "  that  he  is 
aoarried  and  settled  at  Bristol  i '  *  and  I  understand  that 
theorders  of  the  Lords  Commissioners  of  the  Admiral, 
ty  for  tiie  discliarge  of  American  seamen  usually  coo» 
tain  a  proviso,  that  the  diachaige  is  not  to  operate  in 
finror  of  any  person  who  has  entered  on  board  of  any 
of  His  Majesty's  ships,  or  who  is  married  en-  settled 
'widiin  any  of  His  Majesty's  dominions.  Without 
ajimitting,  or  contesting,  on  this  occasif)n,  the  rule  of 
English  law,  that  a  subject  cannot  divest  himsdf  of 
his  natural  allegiance,  I  take  the  liberty  to  request 
your  Lordship's  attention  to  the  diveruty  of  practice, 
so  much  to  the  disadvantage  of  the  A.ma*ican  citiaens, 
that  prevails  in  the  application  of  this  rule. 

**  If  Great  Britain  requires  the  acquiescence  of  fo- 
seign  nations  in  this  law,  so  f^  as  regards  the  requi^* 
tkn  of  her  subjects  married  and  settled  abroad,  or  vo« 
luntarily  engaged  in  fc^eign  service,  is  she  not  bound 
to  observe  it  in  like  manner  herself,  in  respect  to  the 
subjects  of  foreign  powers,  under  similar  circunistan>- 
ces,  in  her  service  or  within  |ier  dominions  ?  If  to  the 
demand  of  a  foreigner  in  her  service  by  the  nation  to 
which  he  belongs,  Great  Britain  answers,  dnt  sueh 
foreigner  cannot  be  delivered,  because  he  has  volunta- 
rily engaged  to  serve  His  Majesty,  or  -  is  married  or 


.»-■ 


,T 'S 


A 


W 


settled  w!thin  His  Majesty's  doifiinions,  is  she  not 
bound  by  her  own  principles  to  ndmit  the  validity  of 
the  same  answer  from  such  fcMcign  tiation,  when  ^ 
requires  the  surrender  of  British  subjects  found  in  a 
similar  predicament  in  the  service  or  within  the  tenitor 
ry  of  such  foreign  nation  ?  Justice,  which  is  always 
impartial,  furnishes  the  prapef  ans\Ver  to  these  ques- 
tions. 

"  Admitthig,  then,  that  the  voluntary  contract  f^ 
in  American  citizen  to  serve  on  board  a  British  ship, 
6r  the  marriage  or  settlement  of  such  citizen  witlun 
His  Majesty^s  dominions,  is  the  foundation  of  aright 
in  His  Majesty's  Government  to  refu^  the  requisitioa 
of  the  United  ^  ^xtes  of  America,  that  such  citizen 
^ould  be  disc^  .  ^  from  His  Msgesty's  service,  do 
we  not  thereby  estabG^  a  principle  that  at  once  con- 
denuis  and  puts  an  end  to  the  practice  of  His  Majesty's 
naval  officers,  in  entering  American  ships,  in  search 
(rfand  for  die  purpose  of  impressing  British  seanwn, 
since  all  seamen  found  on  board  such  ^ips  vote  there 
of  choice,  and  by  voluntary  contract  to  serve  in  the 
American  employ?  ^       ;  ' 

"  But  if  neidier  (rf* these  circumstlinces  can  be  cbn- 
sidered  as  justly  giving  a  right  to  His  Majesty's  Go- 
vernment torefuae  the  discharge  of  American  citizens, 
does  it  notgesult  that  the  usual  proviso  connected  with 
the  ofthrs  for  the  discharge  uf  such  (^tizens,  and 


-4- 


# 


,■<.. 


1    I 

-♦  ■! 

I 

h 


■  u*' 


\ 


■A 


«l 


'**•.* 


-■? 


m 


which  is  assigned  as  a  reason  against  the  discharge  of 
Jno.  Maxwell,  is  without  any  just  foundation,  and 
consequently  operates  to  the  disadvantage  and  iiyurj" 
of  the  American  citizens." 


,  'J^'^ 


>,!' 


JExtract  of  a  Letter  from  Rufua  King^  Esq.  to  the 
?  Secretary  of  State,  dated 

"  London,  April  13, 1797. 

"SEAMEN. 

**  It  was  before  my  arri\al  that  Lord  Grenville  had 
expressed  to  Mr.  Pinckney  a  dissatisfaction  with  the 
practice  of  griintiug  protections  to  American  seamen 
by  our  Consuls. 

"  Before  I  received  your  opinion  on  this  subject, 
Lord  Grenville  had  ^vritten  me  a  letter,  in  which  this 
branch  of  the  consular  power  is  denied,  and  notice 
given  to  us  that  the  practice  must  be  discontinued. 
A  copy  of  this  letter,  and  of  mine  transmitting  it  to  our 
several  Consuls,  I  had  the  honour  to  send  you  with 
my  letter  of  the  10th  of  December.  Previous  to  the 
communication  of  this  resulution  of  the  British  Go- 
vernment, it  had  been  notified  to  Mr.  Pinckney,  that 
all  applications  for  the  discharge  of  American  seamen 
impressed  into  the  British  service,  must  in  future 
come  through  the  American  Minister,  instead  of  com- 
ing from  the  American  Consuls,  as  had  been  custe- 


A. 


'•   ff.^- 


^mmk*. 


if 


inaiy.  One  consequence  of  this  regulation  has  been, 
that  the  subject  in  all  its  details  has  come  under  my 
observation,  and  its  importance,  I  confess,  is  much 
greater  than  I  had  supposed  it.  Instead  of  a  few,  and 
those  in  many  instances  equivocal  cases,  I  have,  since 
the  month  of  July  past  made  application  for  the  dis- 
charge from  British  men  of  war  of  271  seamen,  who, 
.stating  themselves  to  be  Americans,  have  claimed  my 
interference.  Of  this  number,  86  have  been  ordered  by 
the  Admiralty  to  be  discharged  ;  37  more  have  been 
detained  as  British  subjects,  or  as  American  volun- 
teers, or  for  want  of  proof  that  they  are  Americans ; 
and  to  my  applications  for  the  discharge  of  the  re- 
maining 148,  I  have  received  no  answer  ;  the  ships 
onboard  of  which  these  seamen  were  detained,  having, 
in  many  instances,  sailed  before  an  examination  was 
made  in  consequence  of  my  applications. 

^'  It  is  certain,  tliat  some  of  those  who  have  applied 
to  me  are  not  American  citizens,  but  the  exceptions 
;u?e,in  my  opinion,  few,  and  the  evidence,  exclusive  of 
certificates,  has  been  such  as,  in  most  cases,  to  satisfy 
me,  that  the  applicants  were  real  Americans,  who  have 
been  forced  into  the  British  service,  and  who,  with 
singular  constancy,  have  generally  persevered  in  refu- 
sing pay  and  bounty,  though  in  some  instances  they 
have  been  in  service  more  than  two  years.    As  the 

applications  for  my  aid  seemed  to  increase,  after  the 

H 


I 


\ 


I;  /  r 


r 


i  ' 


58 

suspension  of  the  consular  power  to  grant  protections 
(owing  to  the  expoiied  situation  of  our  seamen  in  con- 
sequence of  the  denial  of  this  power)  I  judged  it  advi- 
sable, though  I  saw  little  prospect  of  any  permanent 
agreement,  to  attempt  to  obtain  the  consent  of  this  Go- 
vernment, that  under  certain  regulations  our  Consuls 
should  again  be  authorised  to  grant  certificates  of  ci- 
tizenship to  our  seamen.  My  letter  to  Lord  Gren- 
ville,  and  his  answer,  you  have  inclosed. 

*'  I  likewise  send  you  the  copy  of  another  letter,  to 
which  I  have  received  no  answer,  that  I  wrote  to  Lord 
Grenville  in  order  to  expose  the  inconsistency  with  the 
laws  and  principles  of  British  allegiance  of  a  rule  by 
which  acknowledged  Americans  are  detsuned  in  thr 
British  service." 


.'.•  <? 


■'•iyA.4,ii^wfc*SL's 


'■mm*. 


■;i.t>(?'.jittf!,J-?"j 


59 


1 


Extract  of  a  Letteifrom  Rufus  King^  Esq.  Minis' 
ter  Plenipotentiary  of  the  United  Statesy  to  the  Se- 
cretary of  State^  dated 

"  London,  March  15, 1799. 

"  IMPRESSING  OF  SEAMEN. 
^"  I  then  mentioned  our  dissatisfaction  with  the  con- 
tinuation of  the  practice  of  tak*. 'c;  r  four  ships, 
/met  on  the  main  ocean,  such  oi  iueir  crt.v  ^  as  did  not 
possess  certificates  of  American  citizenship ;  denying, 
as  I  had  often  done,  in  former  conferences  upon  the 
same  subject,  any  right  on  the  part  of  Great  Britain 
upon  which  the  practice  could  be  founded ;  and  sug. 
gesting  that  our  ships  of  war,  by  permission  of  our 
Government,  might  with  equal  right  pivsue  the  same 
practice  towards  their  merchantmen. 

"  That  not  only  seamen  who  spoke  the  English  lan- 
guage, and  who  were  evidently  English  or  American 
subjects,  but  also  all  Danish,  Swedish,  and  other  fo- 
reign seamen,  who  could  not  receive  American  pro- 
tections, were  indiscriminately  taken  from  their  vo- 
limtary  service  in  our  neutral  employ,  and  f(»'ced  into 
the  war  m  the  naval  service  of  Great  Britain. 

"  That  on  this  subject  we  had  again  and  again  offer- 
ed to  concur  in  a  convention,  which  we  thought  prac- 
ticable to  be  formed,  and  which  should  settle  these 
questions  in  a  manner  that  would  be  safe  for  England, 
and  satisfactory  to  us. 


f 


■\ » 


% 


i 


*^        60 

"  That  to  decline  such  convention,  and  to  persist  in 
a  practice  which  we  were  persuaded  could  not  be  vin- 
dicated, especially  to  the  extent  to  which  it  was  car- 
ried, seemed  less  equitable  and  moderate  than  we 
thought  we  had  a  right  to  expect. 

"  Lord  Grenville  stated  no  precise  principle  upon 
which  he  supposed  this  practice  could  be  justified, 
and  the  conversation  upon  this  point,  like  many 
others  upon  the  same  subject,  ended  without  a  pros- 
pect of  satisfaction.  The  French  and  Spaniards,  and 
every  other  nation,  might  pursue  the  same  conduct  as 
rightfully  as  Great  Britain  does.  With  respect  to  fo- 
reign seamen  in  our  employ,  this  government  has,  if 
I  recollect,  yielded  the  point,  though  their  officers 
continue  the  practice.  We  are  assured  that  all  Ame- 
ricans shall  be  discharged  or  ipplication  for  that  pur- 
pose, and  that  orders  to  this  'ect  have  been  given  to 
their  naval  commanders ;  but  this  is  far  short  of  satis, 
faction—- indeed,  to  acquiesce  in  it,  is  to  give  up  the 
right." 


'*^- 


Extract  qfa  Letter  from  Mr.  King  to  the  Secretary 
of  State^  dated 

"  London,  Feb.  25, 1801. 

"  The  progress  which  had  been  made  in  our  nego- 
ciation  with  this  government,  was  such  as  must  have 
brought  it  to  a  speedy  conclusion,  had  not  a  change 


^t-> 


i..»_i>' 

,^'~-i'=i, 


^>t_ .->■■»'  ■ 


\ 


rsist  in 
be  vin- 
ras  car- 
lan  we 

e  upon 
iistified, 
many 
a  pros- 
rds,  and 
iduct  as 
:ct  to  fo- 
il has,  if 
•  officers 
ill  Ame- 
that  pur. 
given  to 
t  of  satis. 
e  up  the 


iecretary 

35, 1801. 

>urnego. 
ust  have 
a  chang«" 


61 

taken  place  in  the  department  of  foreign  aifairs  :  that 
the  result  would,  in  the  main,  have  been  satisfa'^tory, 
is  m(x%  than  I  am  authorised  to  say,  though  I  flattered 
myself  with  the  hope  that,  it  would  be  so.  Lord 
Hawkesbury  assures  me  that  he  will  give  to  the  seve- 
ral subjects,  which  have  been  pretty  fully  discussed, 
an  early  and  impartial  consideration ;  and  I  am  in 
hopes  that  Lord  St.  Vincent  will  likewise  be  inclined 
to  attend  to  our  reiterated  remonstrances  against  the 
impressment  of  our  seamen,  and  the  vexations  of  our 
trade." 

Extract  of  a  Letter  from  Rufus  King^  Esq.  to  the 

Secretary  of  State. 

"  New  York,  July.  1803. 

"  Sir, — I  take  the  liberty  to  add  a  few  miscella- 
neous articles,  by  way  of  supplement  to  my  last  dis- 
patch. 

"  AMERICAN  SEAMEN. 

"  As  soon  as  the  war  appeared  to  me  unavoidable, 
I  thought  it  advisable  to  renew  the  attempt  to  form  an 
arrangement  with  the  British  Government  for  the  pro- 
tection of  our  seamen.  With  this  view,  I  had  seve- 
ral conferences,  both  with  Lord  Hawkesbury  and  Mr. 
Addington,  who  avowM  a  sincere  disposition  to  do 
whatever  might  be  in  their  power  to  prevent  the  dissa- 
tisfaction on  this  subject  that  had  so  frequently  njani- 


A^ 


•'   K 


62 


'¥:' 


fcstcJ  itscll  iluring  tlie  late  war :  with  very  candid  • 
professions,  I  however  found  several  objections,  in 
discussing  the  project  with  the  First  Lord  of  the  Ad« 
miralty.  Lord  Hawkesbuiy  having  promised  to  sign 
any  agi-eement  upon  the  subject  that  I  should  conclude 
%vith  Lord  St.  Vincent,  I  endeavoured  to  qualify  and 
remove  the  objections  he  offered  to  our  project,  and 
finally,  the  day  before  I  left  London,  Lord  St  Vincent 
consented  to  the  following  regulations : 

"  L  No  seaman  nor  seafiuing  person  ;  hall,  upon 
tlie  high  seas,  and  without  the  jurisdiction  of  either 
pai'ty,  be  demanded  or  taken  out  of  any  ship  or  vessel 
belonging  to  the  citizens,  or  subjects  of  one  of  the  par- 
ties, by  the  i)ublic  or  private  armed  ships  or  men  of 
war  belonging  to  or  in  the  service  of  the  other  party  : 
and  strict  orders  shall  be  given  for  the  due  observance 
of  this  engagement. 

"  2.  Each  piirly  will  prohibit  its  citizens  or  sub- 
jects from  clandestinely  concealing  or  carrying  away 
from  the  territories  or  colonial  possessions  of  the  other, 
any  seaman  belonging  to  such  other  patty. 

"3.  These  regulations  shall  be  in  force  for  five 
years,  and  no  longer. 

"  On  parting  with  his  Lordship,  I  engaged  to  draw 
up,  in  t!ic  form  of  a  convention,  and  send  him  these 
articles,  in  the  course  of  the  evening,  who  promised 
to  forward  them,    v/lih  l:is  approbation,    to  Lord 


'4. 


-^^m&ifh 


L»j»iJ'- 


frrrjc 


iti^j^i.-ii^ 


63 


Hawkcsbuiy:  I  accordingly  prepared  and^iteut  the 
draft  to  his  Lordship,  who  sent  me  a  ktfjtr  in  the 
course  of  the  night,  stating,  that  on  further  reflection 
he  was  of  opinion,  that  the  niorovv  seas  should  be  ex- 
pressly excepted,  they  having  been,  as  his  Lordship 
remarked,  immemorially  considered  to  be  within  the 
dominion  of  Great  Britain ;  that  with  this  correction 
he  had  sent  the  proposed  convention  to  Lord  Hawkes- 
bury,  who,  his  Lordship  presumed,  would  not  sign  it 
before  he  should  have  consulted  the  Juds;e  of  the  High 
Court  of  Admiralty,  Sir  William  Scott. 

**  As  I  had  supposed,  from  tlic  tenor  of  my  confer- 
ences with  Lord  St.  Vincent,  that  the  doctrine  of  the 
mare  clausum  would  not  be  revived  against  us  on  this 
occasion,  but  that  England  would  be  content  with 
the  limited  jurisdiction  or  dominion  over  the  seas  ad- 
jacent to  her  territories,  which  is  assigned  by  the  law 
of  nations  to  other  states,  1  was  not  a  little  disappoint- 
ed on  receiving  this  communication ;  and  after  weigh, 
ing  Mrell  the  nature  of  the  principle  and  the  disadvan. 
tages  of  its  admission,  I  concluded  to  abandon  the 
negociation  rather  than  to  acquiesce  in  the  doctrine  it 
proposed  to  establish. 

"I  regret  not  to  have  been  able  to  put  this  business 
on  a  satisfactory  footing,  knowing,  as  I  do,  its  very 
great  importance  to  both  parties ;  but  I  flatter  myself 
that  I  have  not  misijudged  the  interest  of  oi;f  own 


■J 


«-*.4^Vi, 


,>-; 


,./ 


V  M 


country,  in  refusing  to  sanction  a  principkthiitmiglu 
1)0  nn)duclivc  of  more  cxtrnsivi"  evils  than  tlio^ic  it 
vas  our  aim  to  prevent." 


FINIS. 


«r 


#V>> 


■aa*^. 


.  »-««K^  -■•-'-' . .  .<pl  I  '■>*  -'j 


*     llll  lll^^gl)ll>l.li^ 


;.rr:jiiiitegi^^'* 


might 
lose  it 


.     ^.    •M*^,^-^—  .     .;,K»^^ 


